R THAYALAN Vs. VIDYA

JUDGEMENT

(1.) This Criminal Original Petition has been filed, to call for the records pertaining to the complaint in D.V.A.No.8 of 2010,STC No.271 of 2010 on the file of the Judicial Magistrate No.VI, Coimbatore and to quash the same.

(2.) The short facts of this case is that the first respondent was married to one Dr.R.P.Sriram Ganesh and the second respondent is born to them. The petitioners herein are the parents of the said Dr.R.P.Sriram Ganesh. The marriage between the first respondent Dr.Vidya and the Dr.R.P.Sriram Ganesh was solemnized on 24.01.2007 and the second respondent herein was born on 21.08.2008 and in view of the certain misunderstanding and alleged cruelty, the first respondent has moved the Family Court, Coimbatore in H.M.O.P.No.917 of 2008 under Section 13(1)(i-a) Hindu Marriage Act in an exparte decree was passed on 10.07.2009. The first respondent herein has moved D.V.A.8/10 under Section 18(a)(b)(c)(d)(f) and 19(c) and 21 of the Protection of Women from Domestic Violence Act,2005 alleging that she was subjected to Domestic Violence by her husband and in laws and the case was taken on file on S.T.C.No.271 of 2010 and in that a criminal Miscellaneous Petitions No.3348 of 2010 has moved for interim custody of the minor boy.

(3.) The learned Judicial Magistrate No.VI, Coimbatore by an order dated 28.04.2010 has recorded that "prima facie case is made out regarding the domestic violence between the petitioner and the 1st respondent. Naturally the mother is the natural guardian of that child and he is under the 3 months old age. At this age, only the mother can be able to take care of the child. Under this Circumstance it is ex-party ordered for custody of the child with his mother (i.e) the petitioner. This is an interim order. Issue notice to the respondent".