OMANA SOMANADHAN Vs. DEEPU SOMAN

JUDGEMENT

(1.) In this revision petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code), the petitioner challenges the judgment in Crl.A.197 of 2023 on the files of the Sessions Court, Thalassery. In the appeal, order of the Judicial Magistrate of the First Class,, Koothuparamba granting a residence order in favour of the petitioner was set aside. However, the respondents No.1 to 3 were directed to provide an alternative accommodation to the petitioner.

(2.) Heard the learned counsel for the petitioner, the learned counsel for respondents No.1 to 3 and the learned Public Prosecutor.

(3.) The petitioner filed M.C.No.43 of 2022 invoking the provisions of Sec. 12 of the PWDV Act withe the following contentions: The petitioner had been residing in the building in question along with her husband and respondent Nos.1 and 2. Her husband expired. She continued her residence there. That building and the property appurtenant thereto were purchased using the sale proceeds obtained by sale of residential property of her husband. On the assurance by respondents No.1 and 2, who are the petitioner's son and daughter-in-law, to protect and maintain the petitioner and her husband, new residential building was purchased in their name. The 3 rd respondent is the mother of the 2nd respondent. She now tries to evict the petitioner from that building. Hence, she sought for a residence order.