Nazar v. Jisa
Case brief
What is this about?
Held an application under Section 12 of the Protection of Women from Domestic Violence Act dismissed by the trial court and remanded by the lower appellate court. The High Court allowed the revision, quashing the appellate court's order to allow fresh disposal of the matter within six months.
What did the court decide?
Trial court directed to dispose of the matter within six months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 30TH DAY OF JANUARY 2012/10TH MAGHA 1933
CRRP.No. 140 of 2012 ()
CRA.25/2011 OF ADDL. SESSIONS COURT - I, THIRUVANANTHAPURAM CMP.2667/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,VARKALA
REVISION PETITIONERS / RESPONDENTS / RESPONDENTS :
1. NAZAR A.S., S/O ABDUL SATHAR, KODEMBILAKAM, KUNNUMPURATHU VEEDU NIRAMANKADAVU, KURINCHILAKKADAVU, KALLARA VAMANAPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2. ARIFA BEEVI, D/O MOHAMMED UMAL, KODEMBILAKAM, KUNNUMPURATHU VEEDU NIRAMANKADAVU, KURINCHILAKKADAVU, KALLARA VAMANAPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
3. ABDUL SATHAR, S/O. MOHAMMED UMAL, KODEMBILAKAM KUNNUMPURATHU VEEDU, NIRAMANKADAVU KURINCHILAKKADAVU, KALLARA, VAMANAPURAM VILLAGE THIRUVANANTHAPURAM DISTRICT.
Issues for consideration
3 issues framed by the court
Whether the order of the lower appellate court remanding the matter to the trial court for fresh disposal was sustainable despite the petitioner's failure in other authorities.
Whether the trial court was justified in dismissing the petition due to lack of specific overt acts of domestic violence and failure in other proceedings.
Whether the remand order by the appellate court caused any prejudice to the revision petitioners.
Parties & counsel
- petitioner
Nazar A.S.
- petitioner
Arifa Beevi
- petitioner
Abdul Sathar
- respondent
Nazar A.S.
- respondent
State of Kerala
Case details
As recorded by the court registry
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