S SIRAJUDEEN Vs. SYED NISHA

JUDGEMENT

(1.) Admittedly, the first petitioner is the husband of the respondent. The petitioners 2 and 3 are the parents of the first petitioner. The fourth petitioner is the elder brother of the first petitioner and the fifth petitioner is the wife of the fourth petitioner. In the same way, the petitioners 6, 8 and 12 are the sisters of the first petitioner and further, the petitioners 7, 9 and 11 are the uncles of the first petitioner. Furthermore, the 10th petitioner is the daughter-in-law of the first petitioner. The petitioners herein are all respondents in M.C.No.12 of 2013 on the file of the Judicial Magistrate Court No.VI, Madurai. The said Miscellaneous Case was filed by the first respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005 [hereinafter referred to as 'the Act'].

(2.) In order to substantiate the claim made by the petitioners, the counsel representing the petitioners argued as only in order to take revenge against the petitioners, the wife of the first petitioner filed an application before the Magistrate Court without any reason. Further, he added that as of now, the respondent is not residing with the family members of the first petitioner. Accordingly, since the respondent is not residing in the single roof, the penal provisions mentioned in the Act is not attracted against the petitioners herein and thereby, the petitioners are entitled the relief as prayed in the petition.

(3.) On the other hand, the learned counsel appearing for the respondent submitted that being the wife of the first petitioner, the respondent is entitled to file an application for compensation, accommodation and other reliefs, which are all needed for her peaceful life.