A V ROJER Vs. J JANET SUDHA

JUDGEMENT

(1.) This petition has been filed to call for the records in C.C. No. 26 of 2007 on the file of the learned Judicial Magistrate No. II, Nagercoil, Kanyakumari District and quash the same.

(2.) The facts giving rise to the filing of this petition as stood exposited from the records could be portrayed thus:

(3.) The gist and kernel of the averments in the petition is that it was filed so as to invoke Sections 12, 18, 20, 21, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005, Act No. 43 of 2005. The wife happened to be the aggrieved person before the Magistrate who would air her grievance to the effect that the petitioner herein being the husband neglected her and the children without maintaining them. The fact remains that there are proceedings pending before the District Court for taking custody of the children at the instance of the petitioner so to say, the husband and the M.C proceeding also is pending before the Magistrate at the instance of the respondent herein seeking maintenance in favour of the wife and the children.