K.M.MATHEW Vs. JIJI MATHEW

JUDGEMENT

(1.) Both these petitions arose out of M.C.No.54/2008 on the files of the Judicial First Class Magistrate Court-I, Vaikkom, a case under the Protection of Women from Domestic Violence Act, 2005(in short, 'Act '). The parties are hereinafter referred in their capacities as the petitioner and respondent, respectively, as they figure in the petition filed before the learned Magistrate under Sec. 12 of the Act.

(2.) The petitioner, who is the divorced wife of the respondent, approached the learned Magistrate seeking various reliefs for herself and her three children, from the respondent. The respondent was admittedly working in the USA since 1984 as an Accountant in a transport company there. The petitioner, who was having employment as a Nurse in Bombay, is said to have abandoned the above job at the insistence of the respondent. Admittedly, the three children (an elder son and two younger daughters) of the petitioner and the respondent attained the age of majority during the pendency of the proceedings before the learned Magistrate.

(3.) Before the learned Magistrate, the petitioner and three witnesses were examined as PW1 to PW3 and six documents were marked as Exts P1 to P6 from the part of the petitioner. The respondent was examined as CPW1 and 13 documents were marked as Exts D1 to D13. However, after the completion of evidence, it was submitted by the learned counsel for the petitioner that the petitioner is pressing only for the relief under Sec. 20 of the Act. A memo was filed before the Trial Court to that effect.