SALEENA Vs. K.S. SANDHYA

JUDGEMENT

(1.) THE first respondent herein obtained a protection order and residence order from the Judicial First Class Magistrate Court -I, Pathanamthitta against her in - laws in a proceeding brought under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Her case is that she has ownership right over the property wherein the shared household is situated and that her in -laws would not allow her to reside there peacefully. The in -laws made appearance in the trial court and resisted the proceedings on the contention that the petitioner has no right to reside in the shared household.

(2.) THE trial court conducted enquiry in the proceedings and recorded evidence. The petitioner examined herself as PW1, and one of the respondents in the trial court examined herself as DW1. The petitioner proved Exts.P1 to P7 and the respondents proved Exts.D1 to D5. On appreciation of evidence the trial court found that the petitioner has inherited share in the shared household on the death of her husband, that she has right to continue there, and that she requires protection order in view of threat to her life at the hands of the in - laws. Accordingly, the trial court passed orders in MC 78/2009 on 03/11/2012 allowing the petitioner to continue to reside in the shared household, and restraining the respondents from causing any obstruction to the petitioners' peaceful residence in the shared household. The aggrieved respondents approached the Court of Sessions, Pathanamthitta with Criminal Appeal No.183/2012. In appeal the learned Additional Sessions Judge concurred with the findings of the trial court and confirmed the orders passed by the trial court. Now they are before this Court in revision challenging the legality and propriety of the orders passed by the courts below.