BABU Vs. LEELA K

JUDGEMENT

(1.) The 1st respondent herein is the mother of the petitioner herein. The petitioner is aggrieved by the impugned Ext.P3 order dated 18.4.2018 and the directions issued in the letter dated 28.4.2018 by the nd respondent Tribunal (presided over by the R.D.O., Kanhangad, Kasaragod District), under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The 1st respondent (mother) had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Judicial First Class Magistrate's Court, Hosdurg as M.C.No.237 of 2016, seeking protection against domestic violence allegedly committed by the petitioner. The said application under the Domestic Violence Act was dismissed by the learned Magistrate as per Ext.P1 order dated 10.1.2018. Aggrieved thereby the 1st respondent had filed Crl.Appeal No.22 of 2018 before the Sessions Court, Kasaragod so as to impugn Ext.P1 order. In the said Criminal Appeal, the Sessions Court had passed an interlocutory direction as per order dated 23.3.2018 on Crl.M.P.No.599 of 2018 in the said Criminal Appeal directing the respondents therein (petitioner herein and his wife), not to obstruct the peaceful residence of the appellant therein (respondent No.1 herein), in the residence and not to commit any act of domestic violence on her. In the meanwhile, the 1st respondent had filed Ext.P2 application dated 28.2.2018 before the 1st respondent/ Tribunal, under the provisions contained under Rule 4(1) of the Rules framed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In Column No.4 of Ext.P2 application, which deals with 'reason for making the application', is shown as "continue assault and harassment by son. Removed from house, property without maintenance". In Column No.5 of Ext.P2 application, which deals with 'the remedy sought for', is shown as "recovery of possession of my own property and house".

(2.) The 2nd respondent/Tribunal had passed Ext.P3 interim order dated 18.4.2018 in the said application and the operative portion of which reads as follows:-

(3.) There shall be a direction to the Station House Officer to ensure compliance of the order. The interim order is subject to modification."