ANILKUMAR Vs. SINDHU

JUDGEMENT

(1.) IN this Revision filed under S. 397 read with S. 401 Cr. P. C. the revision petitioners who are the counter petitioners in C. M. P. No. 2066 of 2008 on the file of the Chief Judicial magistrate's Court, Thiruvananthapuram, challenge the orders passed concurrently by the courts below overruling the petitioners' preliminary objection regarding the territorial jurisdiction of the Chief Judicial Magistrate to try (decide) the case. The interesting questions for judicial resolution are: -

(2.) C. M. P. No. 2066 of 2008 was an application filed by one Sindhu, the first respondent herein under S. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act") claiming reliefs under Ss. 18,19,20,22 and 23 of the Act. The revision petitioners were shown as the counter-petitioners to the said application. The first revision petitioner (V. Anilkumar) is the husband of the said Sindhu and the revision petitioners 2 and 3 are his relatives.

(3.) AFTER entering appearance, the revision petitioners raised an objection regarding the territorial jurisdiction of the Chief Judicial Magistrate to decide the case. As per Order dated, 10. 09. 2008, the learned Magistrate overruled the said objection and held that he has the jurisdiction to try the case. Eventhough the revision petitioners preferred an appeal under S. 29 of the Act before the Sessions Court, Thiruvananthapuram, the learned sessions Judge as per judgment dated 2. 1. 2009 dismissed the appeal confirming the order passed by the Chief Judicial Magistrate. Hence, this Revision.