PURUSHOTHAMAN Vs. SANDHYA ALIAS INDUMOL

JUDGEMENT

(1.) Petitioners are respondents in CMP 1770/2008 on the file of Judicial First Class Magistrate Court I, Haripad filed by first respondent under S.12 of Protection of Women from Domestic Violence Act. This petition is filed under S.482 of Code of Criminal Procedure to quash the prayer for residence order in Annexure 1 complaint and Annexure 3 order. Annexure 3 order is passed by the Magistrate on 16/04/2008. Annexure 2 order is an appealable order. The remedy of the petitioners is to file an appeal against Annexure 3. The order cannot be modified as sought for by invoking the provisions of S.482 of the Code of Criminal Procedure, when the petitioners have an effective remedy of statutory appeal.

(2.) Learned counsel appearing for the petitioners was heard.

(3.) Learned counsel appearing for the petitioners contended that Annexure 1 complaint was filed to defeat the orders of the Civil Court when petitioners approached Sub Court, Mavelikkara by filing OS 89/2008 and obtained interim orders.