VIJAYAN Vs. E. SANTHAKUMARI AND ORS.

JUDGEMENT

(1.) The revision petitioner challenges the order in Crl.Appeal No.23/2016 of the Court of Sessions, Thalassery by which it confirmed the order of the Judicial First Class Magistrate Court, Koothuparamba, in MC No.36/2010 seeking relief under section 12 of the Protection of Women from Domestic Violence Act.

(2.) The first respondent herein claimed that, the revision petitioner married her on 8/3/1992 and two children were born in the matrimonial relationship. The father of the first respondent had assigned 15 1/2 cents of property jointly to the first respondent and the revision petitioner herein. The first respondent claimed that, she constructed a house therein after availing a loan from the Kerala Housing Board . While living there, the wife was subjected to matrimonial cruelty by the revision petitioner herein. It was further alleged that, the entire gold ornaments of the first respondent was sold by the revision petitioner. Hence, she laid a crime which is pending. In MC, she claimed monthly maintenance, return of the gold ornaments or its value, restraint order against committing domestic violence and an order restraining the revision petitioner from entering the shared household or from alienating the property.

(3.) The revision petitioner appeared and contested the proceedings. It was claimed that, he had constructed the house utilising his entire earnings. He denied the allegation of domestic violence and misappropriation of the gold ornaments. It was stated that, in the light of an interim prohibitory order granted by the court below, he was not in a position to enter into his house.