V PALANIAMMAL Vs. THENMOZHI

JUDGEMENT

(1.) THE respondent has filed a miscellaneous petition before the learned Judicial Magistrate No. II, Coimbatore in CMP No.6613 of 2003 under section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking certain reliefs such as maintenance, compensation, return of Jewellery etc., THE petitioner has been shown as the third respondent in the said miscellaneous petition. When that be so, the petitioner filed CMP No. 2475 of 2009 before the learned Magistrate with a prayer to discharge her from the said proceeding. THE learned Magistrate by an order dated 15.09.2009 dismissed the said petition. Challenging the same, the petitioner is before this Court with this revision.

(2.) HEARD the learned counsel for the petitioner and also perused the records.

(3.) HERE, the learned counsel for the petitioner would fairly concede that the Miscellaneous proceeding before the lower court filed by the respondent is not for any offence but it is only for certain other reliefs which are available under the Act. When there is no offence requiring framing of charge, question of discharge does not arise at all. Therefore, the petition filed before the lower court seeking to discharge the petitioner from the proceedings is highly misconceived and therefore, the lower Court is right in dismissing the same.