LAWS(KER)-2018-9-131

ROY P.C Vs. ASHA GEORGE

Decided On September 05, 2018
Roy P.C Appellant
V/S
Asha George Respondents

JUDGEMENT

(1.) Revision petitioner who is the respondent in M.C.No.41 of 2016 of Grama Nyayalaya, Ranni challenges the order in C.M.P.No.615 of 2018.

(2.) Revision petitioner married the first respondent on 09.06.2001. Two children were born in the matrimonial relationship. They resided together in house No.233 in ward VIII of Pazhavangadi panchayath. Subsequently, they shifted to a rented house. Gradually, matrimonial relationship got strained. Alleging that the petitioner herein committed acts of domestic violence and refused to maintain the first respondent and the children, first respondent filed M.C.No.41 of 2016 under the protection of Women from Domestic Violence Act. She sought maintenance, which was granted. In C.M.P.No.615 of 2018, first respondent sought residence order in relation to house No.233 of Pazhayangadi panchayath, claiming it to be a shared household.

(3.) Revision petitioner appeared and denied the various allegations. It was contended that the first respondent had claimed that the buildings suffered from Vasthudosha and they had shifted to a rented building. She thereafter shifted to her family house. Since maintenance order is granted and children are comfortably staying with the first respondent., revision petitioner claimed that the first respondent was not entitled for any relief.