This court is not inclined to entertain the writ petition at the instance of the petitioner as she was neither a party to the proceedings before the learned Magistrate, Tambaram nor she has locus standi to file such a writ petition.The marriage between the second respondent and her husband was not dissolved so far.As against the said order, an appeal lies to the Sessions Court in terms of the Section 29 of the Act. Hence the petitioner if aggrieved she should file an appropriate application before the Sessions Court after getting the leave of the court to challenge the same. Section 17(2) itself says that an aggrieved person cannot be evicted or excluded from the shared household or any part of it by any person except the procedure established by law. Therefore, it is for the petitioner to establish her title before the appropriate court before seeking for any relief against the cancellation of the shared housedhold order given by the learned magistrate. There is no case made out by the petitioner. Accordingly, the writ petition will stand dismissed. No costs.

6 Jan

advocatemmmohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2012

CORAM

THE HONOURABLE MR.JUSTICE K.CHANDRU

W.P.No.9665 of 2012
Rehana .. Petitioner

Vs.

1.Protection Officer,
(Protection of Women from
Domestic Violence Act, 2008)
Kancheepuram District,
Kancheepuram.

2.A.Malika Begum .. Respondent
This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records in CMP No.118 of 2009 on the file of the Judicial Magistrate, Tambaram and quash the “residence order” made therein on 14.7.2009 and directing the first respondent to remove the second respondent from the “shared household” i.e. No.7, First Cross Street, 2nd Main Road, Lakshmipuram Extension-II, West Tambaram, Chennai-600 045.

For Petitioner : Mr.O.R.Abul Kalaam
– – – –

ORDER

The petitioner is the second wife of one Mohammed Aslam. The second respondent is the first wife of the said…

View original post 519 more words

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: