Petitioners are counter petitioners 2 to 6 in CMP No.1949 of 2014 of the Judicial First Class Magistrate's Court, Alappuzha. The said CMP is filed under Section 12 of the Protection of Women from Domestic Violence Act. It seems that the petitioners therein has filed the petition alleging cruelty against the 1st counter petitioner, who is the husband if the 1st petiioner therein, who is her husband working abroad and her in-laws, who are the petitioners herein. Even though, maintenance has been claimed, the said claim of maintenance as well as the claim of the amounts in respect of the gold ornaments misappropriated by the 1st counter petitioner etc. have been sought for against the 1st counter petitioner only. At the same time, she has alleged that there were interference from the petitioners herein also in her -2- Crl.M.C. No. 5405 of 2014 peaceful life with her children and that is the reason why, she has claimed compensation on account of such harassment from the petitioners herein. Further, the relief has been sought for to the effect that petitioners along with the 1st counter petitioner should not exercise any domestic violence towards her.
2. The petitioners herein are aggrieved in the act of the petitioners before the Court below in arraying and impleading them also in the proceedings.
3. Heard the learned counsel for the petitioners.
4. When the petitioners before the Court below have a specific case that there were interference from the part of the petitioners also and that the 1st counter petitioner was subjected to domestic violence by the petitioners also, it cannot be said that the petitioners are not necessary parties to the case. At the same time, when the question of maintenance comes, the petitioners need not do anything at all. The petitioners before the -3-
Crl.M.C. No. 5405 of 2014 Court below cannot claim any maintenance from the present petitioners and the have to confine their claim for maintenance as against the 1st counter petitioner only. The learned Magistrate shall issue process to the 1st counter petitioner at the earliest.
With the said observations, this Crl.M.C is closed.
das Sd/-
B. KEMAL PASHA JUDGE