IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 18950 of 2009(Q) -------------------------- MP.1670/2009 of J.M.F.C.-I,THRISSUR .................... PETITIONER(S): ------------------------- HARIDAS,AGED 50 YEARS,S/O.NARAYANAN NAIR, KULANGARA HOUSE,P.O.MADAKKATHARA,THRISSUR DISTRICT. BY ADVS. MR.V.M.KRISHNAKUMAR, SMT.P.A.ANITHA. RESPONDENT(S): ---------------------------- USHA RAMACHANDRAN,W/O.RAMACHANDRAN, AMBATT HOUSE,MELEDATH LANE,CHEMBUKKAVU, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.18950 of 2009 Q -------------------------- JUDGMENT This petition is filed under Article 227 of Constitution of India to quash Exhibit P3 petition filed by the respondent under Section 12 of Protection of Women from Domestic violence Act. Case of the petitioner is that respondent is not an aggrieved person and petitioner is also not a respondent as defined under the Act and therefore, the Magistrate is not entitled to take cognizance of Exhibit P3 petition and hence, it is to be quashed. 2. The question whether petitioner is a respondent as defined under Section 2(q) of the Act or whether respondent is an aggrieved person is a matter to be decided by the Magistrate. Petitioner is entitled to raise all the contentions before the Magistrate. With that liberty, petition is dismissed. 13th August, 2009 (M.Sasidharan Nambiar, Judge) tkv