8.On go through the order passed by the Additional District/Sessions Court cum Fast Track Court No.III, Coimbatore, only on presumption, the judge came to the conclusion that there may be the chance for holding the petition mentioned articles by the petitioners after leaving the husband of the first respondent from India. During the time of disposal, the application filed by the first respondent, before the learned Magistrate No.II, Coimbatore, two witnesses were examined on the side of the respondent and six exhibits were marked to prove their case. On the other hand, on behalf of the present petitioners, the second petitioner examined as R.W.1. So, the entire evidence and documents put forth by the respondent's shows after the dispute arose between the husband and wife, a case has been registered against the husband of the respondent by the All Women Police, Pasavakudi Police Station situated in Bangalore. More over the respondent had not proved the fact that the present petitioners are ill-treated her. Further the respondent has not proved that the petitioners are committed the domestic violence as per the definition of Domestic Violence enumerated in section 3 of Act. First respondent alone has to prove that the petition mentioned articles are handed over to the petitioner. Since the fact that the petitioners are not resided with the respondent, we cannot presume that the petitioner take the petition mentioned articles from the matrimonial home. Further more, after leaving the matrimonial home, before filing this application, the respondent herein not lodged any complaint before the Social Welfare Officer for settling the dispute. Even, she had not sent a legal notice to the petitioners for get back the articles which were mentioned in this application. The said application has been filed only after lodging the complaint in the police station against the petitioners and their son. So, without proving the entrustment, we cannot come to the conclusion that the petition mentioned articles are now under the custody of petitioners. Without considering those aspects, the District and Sessions Judge, Fast Track Court No.III, Coimbatore passed an order in favour of the respondent warrants interference.
