P.N.SAMYUKTHA Vs. ARAVIND RATNAKARAN

JUDGEMENT

(1.) The revision petitioner is a 78 year old widow who is the applicant in MC No.62/2017 filed under section 12 of the Protection of Woman from Domestic Violence Act (hereinafter referred to as the DV Act for short).

(2.) Shorn of unnecessary details, the crux of the contention of the revision petitioner is that, she held absolute ownership of the disputed house "Govardhan" at Talassery. The respondent is her son. The revision petitioner lived with her husband, son and his wife in the above house. Husband died on 29/7/2017. Thereafter, the respondent started physically and mentally harassing her. The dispute allegedly related to the execution of a Will by the revision petitioner, bequeathing her properties in favour of her two daughters. The respondent herein attempted to lock her in a room and to compel her to execute documents in his favour. He also attempted to take over the business run by her. She laid a complaint before the police on 3/12/2017. It was alleged that, the respondent was a chronic alcoholic. He used to abuse her using filthy language. The respondent had criminal antecedents also. Hence, she laid MC No.62/2017 seeking reliefs under section 18(a)(f) and 19 (1)(b), (c) and (d) of the DV Act , against the respondent herein. His wife was arrayed as the second respondent.

(3.) The respondent herein appeared and filed objection contending that the allegations were baseless. It was stated that the second respondent had filed MC No.56/2017 and had obtained an order. Present petition was filed only as a counter blast. The revision petitioner executed a will fraudulently bequeathing properties belonging to her husband. She was not interested in residing in the above disputed house. The respondent had no house of his own.