SHYNI Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st petitioner is the wife of the 2nd respondent. Their children are petitioners No.2 and 3. The petitioners filed M.C.No.53 of 2008 before the Judicial Magistrate of the First Class-II, Nedumangad claiming reliefs under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). As per the order dtd. 29/12/2015, the learned Magistrate allowed the petition only in part. The 2nd respondent was ordered to pay maintenance to petitioners No.2 and 3 and to return the car and almirah retained by him. Challenging the said order insofar as it declined the other reliefs, the petitioners filed Crl.Appeal No.33 of 2016 before the Sessions Court, Thiruvananthapuram. The Additional Sessions Judge-II, Thiruvananthapuram as per the judgment dtd. 21/1/2017 dismissed the appeal. Aggrieved thereby, the petitioners have filed this revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code).

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

(3.) The petitioners now pursue the relief of return of gold ornaments said to have been misappropriated by the 2nd respondent alone. Relief No.(m) in the petition relates to the said claim, which reads:-