PRABHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition filed under Section 482 of the Code of Criminal Procedure , Annexure IV order passed under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act 2005 (for short the Act) is under challenge.

(2.) By the impugned order the learned Magistrate has restrained the petitioner's son (respondent No. 3 herein) from "disturbing the peaceful possession and enjoyment" of the residential building by his wife (respondent No. 2) and from inflicting any type of mental and physical torture to her until further orders. The Sub Inspector of the local Police Station has also been directed to give protection to the wife and assist her to implement the "residence order".

(3.) Petitioner , who is the father-in-law of respondent No. 2, claims that the order issued by the learned Magistrate under Section 19 of the Act is ex facie illegal and unsustainable. He was not a party to the proceedings before the court below. He contends that he has got absolute right, title and interest over the said residential building to the exclusion of his son. However he admits that respondent No. 2 had resided in the said building as his daughter-in-law for a short duration.