SARAVANAKUMAR Vs. THENMOZHI

JUDGEMENT

(1.) THE above criminal revision petition has been filed praying to set aside the order passed by the learned District Munsif-cum-Judicial Magistrate, Thittakudi in CMP. NO. 1397 of 2007 dated 30. 10. 2007.

(2.) THE brief facts which are necessary for disposal of the above criminal revision are follows: the respondent herein is the legally wedded wife of the petitioner. The respondent submitted a petition under the provisions contained in the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as the "act") to the Protection Officer and the Protection Officer had sent a domestic incident report to the Court and the same has been taken on file in C. M. P. No. 1397 of 2007. In the said application, the respondent has alleged that from the time of marriage itself, the respondent's mother-in-law and the brothers of her husband harassed her demanding dowry. It is further alleged that not only the respondent but the infant child was also harassed and the respondent and their child were driven out of the household on 23. 6. 2006. In respect of the said occurrence, a complaint was lodged by the respondent before the All Women Police Station on 23. 10. 2006, but no action whatsoever had been taken. On receipt of the summons from the Court, the petitioner has filed a petition questioning the maintainability of CMP. No. 1397/2007 on the following grounds.

(3.) HEARD the learned counsel for the petitioner and perused the order passed by the learned Magistrate.