KUNJATHIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision arises from an order passed by the Sessions Judge, Thrissur in Crl. Appeal No. 752/2010 in a proceeding under the Protection of Women from Domestic Violence Act 2005 (Act 43 of 2005) (hereinafter referred to as "the Act" for short). A married woman sought protection order under Section 12 of the Act against her mother-in-law and sister-in-law. It was alleged that the above persons had subjected her to domestic violence at the matrimonial home. The husband of the above married woman was in Gulf country and apparently she had no grievance against the husband. The trial court granted the protection order under the Act, which was confirmed in appeal preferred at the instance of the mother-in-law. This is challenged in this revision by the mother-in-law.

(2.) One of the ground of challenge raised specifically in the revision was that without the husband of the married woman in the party array, an application under the Act was not maintainable and no relief can be granted. The learned single Judge, before whom the matter came up for hearing, noted the decision of this Court in Bismi Sainudheen v. P.K. Nabeesa Beevi & Ors., 2013 4 KerLT 377 . After referring to the relevant provisions involved in the matter, the learned single Judge doubted the ratio laid down in the above case and expressed the view that the proviso to Section 2(a) can only mean that, when the husband, to whom only the wife is related by marriage, is a respondent, his relatives, male or female also may be made respondents in the case. Hence, the learned single Judge thought it fit to refer the matter to the Division Bench for consideration. The question that was formulated for consideration is

(3.) Heard both sides and examined the records.