LAWS(MAD)-2012-7-186

YUSUF ALLABUKSH Vs. JULAKIA BEE

Decided On July 17, 2012
YUSUF ALLABUKSH Appellant
V/S
RESHMA Respondents

JUDGEMENT

(1.) THE petitioner is the first respondent in C.M.P.No.172 of 2012 on the file of the learned Judicial Magistrate, Kallakurichi. The first respondent herein is the complainant and the second respondent herein is the second respondent before the lower Court as well.

(2.) THE first respondent has filed the said petition under the provisions of The Protection of Women from Domestic Violence Act, 2005, seeking maintenance, share in the household and other reliefs as provided in Section 18 of the said Act. Seeking to quash the said proceedings, the petitioner has come up with this criminal original petition.

(3.) BUT the learned counsel appearing for the first respondent would firmly oppose this petition. According to him, though it is true that the marriage was held in Mumbai, the matrimonial life was in Mumbai and all the children were born in Mumbai, however, the first respondent has now returned to Saraswathi Nagar, Thirukovilur Road, Thyagadurgam, where she has been living permanently with her sister under her care and custody. The learned counsel would further contend that as per Section 27 of the Protection of Women from Domestic Violence Act, 2005 the learned Judicial Magistrate, Kallakurichi has got territorial jurisdiction to entertain the complaint.