G BALASUBRAMANIAN Vs. JAYASHREE RAJAGOPALAN

JUDGEMENT

(1.) THE above Criminal Original Petition has been filed by the petitioners herein to quash the order dated 11. 06. 2007 passed in Crl. M. P. No. 3037 of 2008 by the learned IX Metropolitan Magistrate, Saidapet, Chennai ? 15. The respondent is the daughter-in-law of the petitioners in the above Criminal Original Petition who had married their son by name B. Rajagopalan. The respondent had filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) (hereinafter referred to as "the Act") seeking various reliefs. Pending application the respondent filed Crl. M. P. No. 3037 of 2008 seeking an interim protection order under Section 23 (2) of the Act. The said application has been ordered by the learned Magistrate and being aggrieved by that the petitioners, who are the father-in-law and mother-in-law of the respondent alone have challenged the order on various grounds. The above Criminal Original Petition was admitted and interim stay was granted on 02. 07. 2008. The respondent has filed M. P. No. 1 of 2008 seeking to vacate the interim stay granted by this Court on 02. 07. 2008.

(2.) LEARNED counsel for the respondent at the threshold submitted that the above Criminal Original Petition seeking to quash the order passed by the learned Magistrate is not maintainable in view of the availability of an effective alternative remedy by way of an appeal under Section 29 of the Act.

(3.) THEREFORE before going into the merits of the case this Court felt it necessary to decide this preliminary objection. It will be useful to refer to Section 29 of the Act which reads as follows:-