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Pms Imbichy Koya Thangal vs Saudha Beevi
2025 Latest Caselaw 3878 Ker

Citation : 2025 Latest Caselaw 3878 Ker
Judgement Date : 11 February, 2025

Kerala High Court

Pms Imbichy Koya Thangal vs Saudha Beevi on 11 February, 2025

                                               2025:KER:16343

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946

                CRL.REV.PET NO. 1034 OF 2024

 AGAINST THE JUDGMENT DATED 11.06.2024 IN Crl.A NO.10 OF

2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,

MANJERI / III ADDITIONAL MACT, MANJERI ARISING OUT OF THE

  ORDER DATED 23.12.2023 IN MC NO.28 OF 2023 OF JUDICIAL

        MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA.

REVISION PETITIONER/THIRD PARTY:
         MUTHUKOYA THANGAL,
         AGED 57 YEARS,
         S/O LATE ABDULLA KOYA THANGAL, PANAKKADU VEEDU,
         PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK,
         MALAPPURAM DISTRICT, PIN - 679321.
         BY ADVS.
         SRI.K.ANAND
         SRI.AMEER SALIM
RESPONDENTS/ APPELLANTS AND RESPONDENTS/PETITIONERS AND
RESPONDENTS 1 TO 6 AND STATE:

    1      SAUDHA BEEVI
           AGED 52 YEARS
           D/O PMS SAYYID MOHAMMED KOYAKKUTTY THANGAL,
           KARUVAN THIRUTHI HOUSE, NELLIKKUTH POST,
           PAYYANAD VILLAGE, ERNAD TALUK, MALAPPURAM
           DISTRICT. NOW RESIDING AT PUTHIYAMALIYEKKAL
           HOUSE, PUZHAKKATTIRI POST, PUZHAKKATTIRI
           VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM
           DISTRICT, PIN - 679321
    2      HAMNA IMBICHY KOYA THANGAL
           AGED 20 YEARS
           D/O PMS IMBICHIKOYA THANGAL, PUTHIYAMALIYEKKAL
           HOUSE, PUZHAKKATTIRI POST, PUZHAKKATTIRI
           VILLAGE, PERINTHALMANNA TALUK,MALAPPURAM
           DISTRICT, PIN - 679321
 Crl. Rev. Pet. Nos.779 & 1034 of 2024



                             2                2025:KER:16343

    3       PMS IMBICHIKOYA THANGAL
            AGED 64 YEARS
            S/O ABDULLA KOYA THANGAL,PUTHIYAMALIYEKKAL
            HOUSE, PUZHAKKATTIRI POST, PUZHAKKATTIRI
            VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM
            DISTRICT, PIN - 679321
    4       PMS POOKKOYA THANGAL
            AGED 62 YEARS
            S/O ABDULLA KOYA THANGAL,PUTHIYAMALIYEKKAL
            HOUSE, PUZHAKKATTIRI POST, PUZHAKKATTIRI
            VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM
            DISTRICT, PIN - 679321
    5       RAHOOF THANGAL
            AGED 34 YEARS
            S/O JAFAR KOYA THANGAL,PUTHIYAMALIYEKKAL HOUSE,
            PUZHAKKATTIRI POST, PUZHAKKATTIRI VILLAGE,
            PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN -
            679321
    6       SAHIRA BEEVI
            AGED 36 YEARS
            D/O JAFAR KOYA THANGAL,PUTHIYAMALIYEKKAL HOUSE,
            PUZHAKKATTIRI POST, PUZHAKKATTIRI VILLAGE,
            PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN -
            679321
    7       JAFAR KOYA THANGAL
            AGED 64 YEARS
            PUTHIYAMALIYEKKAL HOUSE, PUZHAKKATTIRI POST,
            PUZHAKKATTIRI VILLAGE, PERINTHALMANNA TALUK,
            MALAPPURAM DISTRICT, PIN - 679321
    8       V P SHAREEFA
            W/O PMS IMBICHI KOYA THANGAL,PUTHIYAMALIYEKKAL
            HOUSE, PUZHAKKATTIRI POST, PUZHAKKATTIRI
            VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM
            DISTRICT, PIN - 679321
    9       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031

            BY ADVS. FOR R1 & R2
            SIDHARTH O.
            SUSANTH SHAJI
            ALBIN A. JOSEPH
            NEKHA VARGHESE
        THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 11.02.2025, ALONG WITH Crl.Rev.Pet.779/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl. Rev. Pet. Nos.779 & 1034 of 2024



                          3                  2025:KER:16343


        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

        THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946

               CRL.REV.PET NO. 779 OF 2024

  AGAINST THE JUDGMENT DATED IN Crl.A NO.10 OF 2024 OF

 ADDITIONAL SESSIONS COURT (ADHOC) III, MANJERI ARISING

OUT OF THE ORDER DATED 23.12.2023 IN MC NO.28 OF 2023 OF

 JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA.

REVISION PETITIONERS/RESPONDENTS 1-6/REPONDENTS

    1    PMS IMBICHY KOYA THANGAL
         AGED 64 YEARS
         S/O ABDULLA KOYA THANGAL, PUTHIYAMALIYEKKAL (H),
         PUZHAKKATTIRI P.O., PUZHAKKATTIRI VILLAGE,
         PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679321

    2    PMS POOKKOYA THANGAL
         AGED 62 YEARS
         S/O ABDULLA KOYA THANGAL, PUTHIYAMALIYEKKAL (H),
         PUZHAKKATTIRI P.O., PUZHAKKATTIRI VILLAGE,
         PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679321

    3    RAHOOF THANGAL
         AGED 34 YEARS
         S/O JAFAR KOYA THANGAL, PUTHIYAMALIYEKKAL (H),
         PUZHAKKATTIRI P.O., PUZHAKKATTIRI VILLAGE,
         PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679321

    4    SAHIRA BEEVI
         AGED 36 YEARS
         D/O JAFAR KOYA THANGAL, PUTHIYAMALIYEKKAL (H),
         PUZHAKKATTIRI P.O., PUZHAKKATTIRI VILLAGE,
         PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679321

    5    JAFAR KOYA THANGAL
         AGED 64 YEARS
 Crl. Rev. Pet. Nos.779 & 1034 of 2024



                             4                    2025:KER:16343

            S/O LATE MULLA KOYA THANGAL, PUTHIYAMALIYEKKAL
            (H), PUZHAKKATTIRI P.O., PUZHAKKATTIRI VILLAGE,
            PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679321

    6       V.P. SHAREEFA
            AGED 46 YEARS
            W/O PMS IMBICHY KOYA THANGAL, PUTHIYAMALIYEKKAL
            (H), PUZHAKKATTIRI P.O., PUZHAKKATTIRI VILLAGE,
            PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679321

            BY ADVS.
            K.SHIBILI NAHA
            HUSSAIN KOYA VALIYAVEEDAKATH
            A.LOWSY
            SRINATH C.V.
            GAYATHRI RAJAGOPAL


RESPONDENTS/APPELLANTS/PETITIONERS & STATE:

    1       SAUDHA BEEVI
            AGED 52 YEARS
            D/O PMS SAYYID MOHAMMED KOYAKUTTY THANGAL,
            KARUVAN THIRUTHI (H) NELLIKKUTH P.O., PAYYANAD
            VILLAGE,ERNAD TALUK, MALAPPURAM - 676122. NOW
            RESIDING AT PUTHIYAMALIYEKKAL (H), PUZHAKKATTIRI
            P.O., PUZHAKKATTIRI VILLAGE, PERINTHALMANNA
            TALUK, MALAPPURAM, PIN - 679321
    2       HAMNA IMBICHY KOYA THANGAL
            AGED 20 YEARS
            D/O PMS IMBICHY KOYA THANGAL, PUTHIYAMALIYEKKAL
            (H), PUZHAKKATTIRI P.O., PUZHAKKATTIRI VILLAGE,
            PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679321
    3       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA. ERNAKULAM, PIN - 682031.

            BY ADVS. FOR R & R2
            SIDHARTH O.
            SUSANTH SHAJI
            ALBIN A. JOSEPH


        THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION     ON   11.02.2025,    ALONG    WITH     Crl.Rev.Pet.
No.1034/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl. Rev. Pet. Nos.779 & 1034 of 2024


                                    5                      2025:KER:16343



                      C.JAYACHANDRAN, J.
            =====================================
            Crl. Rev. Pet. Nos.779 & 1034 of 2024
            =====================================
          Dated this the 11th day of February, 2025

                                   ORDER

Crl. Rev. Pet. No.779 of 2024 is carried by the

1st petitioner/husband along with others, challenging

the judgment in Crl. Appeal No.10 of 2024 of the

Additional Sessions Court-III, Manjeri. Crl. Rev. Pet.

No.1034 of 2024 is preferred by an alleged stranger

(brother of the 1st revision petitioner in Crl. Rev.

Pet. No.779 of 2024), who purchased the alleged shared

household. Leave was sought for to challenge the same

judgment in the Appeal afore-referred, which was

granted and accordingly, he also challenges the

judgment in the said Crl. Appeal, bearing no.10 of

2024.

2. Heard the learned counsel for the revision

petitioners, as also, the learned counsel for the

respondents. Perused the records.

3. Before adverting to the arguments advanced, it is

necessary to take note of the course of legal 2025:KER:16343

proceedings, which culminated in the impugned

judgment. The respondents herein preferred M.C. No.28

of 2023 before the Judicial First Class Magistrate

Court-I, Perinthalmanna, seeking various reliefs in

terms of the Protection of Women from Domestic

Violence Act. Crl.M.P. No.2087 of 2023 was also filed

seeking various interim reliefs, including a

residence Order in the shared household, a house

bearing No.VII/659 of Puzhakkattri Grama Panchayat.

4. Except the relief of residence order, other

reliefs sought for were granted by the learned

Magistrate, as per Order dated 23.12.2023. The

primary reason for refusing the said relief is

contained in paragraph No.9 of the Order, wherein the

learned Magistrate took stock of a report of domestic

enquiry conducted by the Women Protection Officer.

The report speaks of an alleged illicit relationship

between the first respondent and her son-in-law,

which, according to the Protection Officer, is the

root cause of all problems. On the strength of such

report, the learned Magistrate found that the Crl. Rev. Pet. Nos.779 & 1034 of 2024

7 2025:KER:16343

bonafides of the 1st respondent/wife is at stake, and

the veracity of her claims will have to be

established in trial. However, the domestic

relationship between the 1st petitioner and 1st

respondent herein was acknowledged, on the basis of

which other reliefs were granted.

5. Challenging refusal of the residence order,

Crl.A.No.10 of 2024 was filed by respondents 1 and 2

before the Additional Sessions Court-III, Manjeri. By

the impugned judgment, the appeal was allowed and the

relief for residence order was also allowed. The

learned Sessions Judge found that, it is quite

unjustified to come to a conclusion based on the

report of the Women Protection Officer that there was

an illicit relationship between the 1st respondent and

her son-in-law, which can be decided only after

trial. The learned Sessions Judge took stock of the

fact that there has been a domestic relationship

between the 1st petitioner/husband and the 1st

respondent/wife and that they were residing in the

shared household. To arrive at the latter part of the Crl. Rev. Pet. Nos.779 & 1034 of 2024

8 2025:KER:16343

above finding, learned Sessions Judge relied on the

report of the Women Protection Officer, which depicts

the presence of the respondents at the time of her

visit to the shared household. Instances of domestic

violence have already been found by the learned

Magistrate, which was not under challenge before the

learned Sessions Judge. On such circumstances, any

attempt to oust the 1st respondent/wife from the house

is liable to be prevented, especially in view of the

explanation to Section 3 of the Domestic Violence

Act, was the finding of the learned Sessions Judge.

Accordingly, that part of the Order of the learned

Magistrate, which refused the residence Order, was

interfered with and relief granted by allowing a

residence Order as well.

6. Learned counsel for the petitioner first canvassed

the proposition that the marital tie between the 1st

petitioner and the 1st respondent has been severed by

the pronouncement of Talaq on 04.03.2022, whereafter,

the 1st respondent has left the matrimonial house. The

contention raised is that, once the matrimonial tie Crl. Rev. Pet. Nos.779 & 1034 of 2024

9 2025:KER:16343

is severed, the former wife is not entitled to any

protective residence Order in the erstwhile shared

household. In support of the same the learned counsel

relied upon a Bench decision of this Court in

Ramachandra Warrior v. Jayasree and Another [2021(2)

KHC 504], and also on the judgment of a learned

Single Judge in Jayasree v. Indrapalan [2024 (4) KHC

474]. More or less on the same point, the learned

counsel relied upon a judgment of another learned

Single Judge in Sudheer D. v. Anusha R. Nair [2025

(1) KHC 329], wherein it was held that a divorced

wife is not entitled to the benefit of a residence

Order after divorce.

7. The second point canvassed by the learned counsel

for the petitioner is that, the property, where the

shared household is situated, was sold to the

revision petitioner in Crl. Rev. Pet. No.1034 of 2024

on 15.03.2023. The same was preceded by an agreement

dated 20.01.2022. The instant M.C was filed only on

29.03.2023, wherefore, the 1st respondent/wife is

admittedly not residing in the shared household, as Crl. Rev. Pet. Nos.779 & 1034 of 2024

10 2025:KER:16343

on the date of the institution of the case. She is,

therefore, not entitled to a residence Order as

claimed for. The learned counsel would also hasten to

add that there was no domestic relationship between

the 1st petitioner and the 1st respondent after

04.03.2022, namely the date of pronouncement of

talaq. In the absence of a domestic relationship, the

1st respondent/wife is not entitled to any other

relief, whatsoever, is the submission made.

8. Thirdly, learned counsel for the petitioner

canvassed that, the learned Sessions Judge had given

a myopic interpretation to the definition of domestic

violence under Section 3 of the Act, which resulted

in extreme injustice to a stranger, who purchased the

property, much before the initiation of the

proceedings under the Domestic Violence Act. On such

premise, the learned counsel for the revision

petitioner in Crl. Rev. Pet. No.779 of 2024 seeks to

set aside the impugned judgment of the Sessions

Court, Manjeri.

Crl. Rev. Pet. Nos.779 & 1034 of 2024

11 2025:KER:16343

9. Toeing in line with the above submission, the

learned counsel for the revision petitioner in Crl.

Rev. Pet. No.1034 of 2024 would submit that he took

the possession of the property on 15.03.2023 itself,

on which date, the 1st respondent/wife is not residing

in the shared household. On 02.04.2023, based on an

interim order passed (Annexure-C), respondents 1 and

2, aided by the SHO concerned, entered the shared

household. They have vacated the same, pursuant to

the refusal of the residence Order by the learned

Magistrate. Again, they came back on 20.07.2024,

after the impugned Annexure-E judgment of the learned

Sessions Judge. According to the learned counsel, the

revision petitioner herein is a bonafide purchaser

for valuable consideration and the inter-necine

disputes between the 1st petitioner/husband and the

1st respondent/wife cannot impact or impinge his

rights under a valid sale deed. It was also pointed

out that a suit has been instituted before the

Munsiff Court, Perinthalmanna as O.S. No.208 of 2024,

seeking to evict the respondents herein from the

shared household.

Crl. Rev. Pet. Nos.779 & 1034 of 2024

12 2025:KER:16343

10. Refuting to the above contentions, the learned

counsel for the respondents would first invite the

attention of this Court to the definition of a

'shared household' as per Section 2(s), to point out

that it is enough that the 1st respondent wife had

lived in domestic relationship, at the household, at

any stage, either singly or along with the

respondent. It was also pointed out that, in a given

case where there was no physical residence by the

wife, still the household will become a shared

household, provided the person aggrieved has a right,

title, interest or equity over the property where the

shared household is situated. Accordingly, a mere

right to reside in her husband's property is enough

to make the household a shared one, in terms of the

definition, is the argument raised. On Talaq, the

learned counsel would deny the claim of the revision

petitioner/husband. It was submitted that there was

no such Talaq; at any rate, no Talaq in terms of law.

As an alternative argument, it was pointed out that

after the introduction of the Muslim Women Crl. Rev. Pet. Nos.779 & 1034 of 2024

13 2025:KER:16343

(Protection of Rights on Marriage) Act, 2019, which

has been given retrospective effect from 19.09.2018,

the pronouncement of Talaq is void and illegal,

besides attracting penal consequences. Learned

counsel relied upon a three-judges bench decision of

the Hon'ble Supreme Court in Satish Chander Ahuja v.

Sneha Ahuja [2020 (5) KHC 496], to point out that the

law laid down in S.R. Batra and Another v. Taruna

Batra [2007 (1) KHC 536], that a claim under Section

17(1) for residence in a shared household is possible

only in a case where the house belongs or taken on

rent by the husband or in a case where the house

belongs to the joint family of which the husband is a

member, has been held bad law (See paragraph No.84 in

this regard). Based on the said decision, it was

pointed out by the learned counsel for the

respondents that, the household, will be a shared

household even if it belongs to a third person. Say

for example, a premises, which has been taken on

rent, provided the respondent/wife had either resided

in that shared household at some point of time or had

a right to reside there. Another judgment of the Crl. Rev. Pet. Nos.779 & 1034 of 2024

14 2025:KER:16343

Hon'ble Supreme Court is pressed into service by the

counsel for the respondent, titled Prabha Tyagi v.

Kamlesh Devi [2022 KHC OnLine 6542], where the

question raised was whether the domestic relationship

should be subsisting to seek a relief under Section

17 of the Domestic Violence Act. It was also

considered as to whether the aggrieved person should

have actually lived or resided with respondent at the

time of making the allegations. Both were answered in

the negative, in paragraph No.52. It was held that

the residence of the wife with the person against

whom allegations have been levelled at the time of

commission of violence, is not mandatory, when there

is a relationship by consanguinity, marriage or a

relationship in the nature of marriage. It was also

held that there should be a subsisting domestic

relation between the aggrieved person and the

respondent, which does not, however, mean that at the

time of filing the application by an aggrieved

person, the domestic relationship should be

subsisting. It is enough that they have so lived at

any point of time, or had the right to live, and has Crl. Rev. Pet. Nos.779 & 1034 of 2024

15 2025:KER:16343

been subjected to domestic violence. Based on the

said judgment, it was argued by the learned counsel

that, the absence of domestic relationship, now

canvassed by the revision petitioners, cannot be of

any moment, inasmuch as the marriage is admitted and

the severance thereof is not even prima facie

established. In this regard, the learned counsel

would specifically point out the findings of the

learned Magistrate that the claim of severance of

matrimonial tie by pronouncement of talaq has not

been substantiated by any material, whatsoever, on

behalf of the revision petitioners herein.

11. Having heard the learned counsel appearing for

the respective parties, this Court finds no tangible

ground to interfere with the judgment of the learned

Sessions Judge. This Court specifically notice that

the Orders were passed at the initial stage of the

proceedings. The M.C is still pending. The original

Order was passed in CMP No.2087 of 2023 in the

pending M.C. The state of affairs, which prevailed as

on the date of the institution of the case, has to be Crl. Rev. Pet. Nos.779 & 1034 of 2024

16 2025:KER:16343

reckoned for the purpose of interim reliefs. It has

been reported by the Women Protection Officer that

she found the respondents (wife and daughter) in the

shared household, when she paid a visit. This has

been taken stock of by both the learned Magistrate

and the Sessions Judge. The learned Magistrate

refused the relief of residence Order only on the

basis of the enquiry report of the Women Protection

Officer, which suggests that the 1st respondent wife

is having an illicit relation with her son-in-law.

This is interfered with by the learned Sessions Judge

by holding that, it is too premature to find so,

without any supporting evidence, except the report of

the Women Protection Officer. It was found that the

daughter of the 1st respondent/wife is married and

they are living together along with the son-in-law,

which cannot, however, lead to any remote inference

that there is an illicit relationship between the 1 st

respondent and her son-in-law. This finding of the

learned Sessions Judge does not warrant any

interference at this stage, the opinion of this

Court, especially in the absence of any cogent Crl. Rev. Pet. Nos.779 & 1034 of 2024

17 2025:KER:16343

evidence. To allege an adulterous relationship

against a person is a serious affair and the same has

to be done with all seriousness it deserves. At any

rate, such an adulterous relation cannot be taken

stock of, in the absence of cogent material evidence

to refuse a relief to the 1st respondent, especially

when domestic relationship by virtue of the marriage

between herself and the 1st petitioner in Crl.Rev.Pet.

No.779 of 2024 is admitted.

12. Coming to the claim of severance of matrimonial

tie based on pronouncement of talaq, this Court can

only endorse the findings of the learned Magistrate

to the effect that no supporting material,

whatsoever, has been produced by the 1st

petitioner/husband herein. It was argued by the

learned counsel for the 1st petitioner that, the

severance of matrimonial tie by pronouncement of

talaq was not disputed by the 1st respondent herein.

It may be true, that there is no pleading

specifically denying the claim based on talaq.

However, the same was disputed at the very first Crl. Rev. Pet. Nos.779 & 1034 of 2024

18 2025:KER:16343

instance before the learned Magistrate itself, which

is why the learned Magistrate arrived at a conclusion

that the claim is not supported by any evidence,

whatsoever. Non-traverse of a pleading in an M.C

proceeding in the counter cannot be fatal,

especially when the parties are only at the initial

stage of the proceedings, that is to say, at the

stage of securing interim Orders. The said contention

will stand repelled therefore.

13. It could thus be seen that the marriage is

admitted and there has been a domestic relation

between the 1st petitioner/husband and the 1st

respondent/wife. The definition given to a shared

household in terms of Section 2(s) would not persuade

this Court to hold that the residence in question was

not a shared household, in so far as the 1 st

respondent/wife is concerned. It is not disputed

before this Court that the 1st respondent and the 1st

petitioner had lived together as husband and wife in

that residential building, at least upto

pronouncement of talaq on 04.03.2022. This answers Crl. Rev. Pet. Nos.779 & 1034 of 2024

19 2025:KER:16343

the requirement of the building being a shared

household. Once the domestic relationship and the

residence in the shared household is prima facie

established, that cannot be a rhyme or reason to

refuse the relief of a residential Order. This Court,

therefore, cannot find any infirmity of legality with

respect to the judgment impugned.

14. Coming to Crl.Rev.Pet. No.1034 of 2024, this

Court finds that the purchaser of the property cannot

espouse a better case than what the 1st

petitioner/husband could espouse. It is important to

note that the revision petitioner in Crl. Rev. Pet.

No.1034 of 2024 is not a complete stranger, but the

direct brother of the 1st petitioner/husband himself.

Even going by the very showing made by the 1 st

petitioner/husband, talaq was pronounced on

04.03.2022. The revision petitioner was quite aware

of the disputes and dissensions between the 1st

petitioner/husband and 1st respondent/wife. It was

while so that he entered into an agreement for sale,

which culminated in a sale deed on 15.03.2023. At any Crl. Rev. Pet. Nos.779 & 1034 of 2024

20 2025:KER:16343

rate, he cannot seek annulment of the impugned

judgment claiming and projecting himself as a

bonafide purchaser.

15. In the result, both these criminal revision

petitions fail, and the same would stand dismissed.

16. It is clarified that all the findings and

observations made in this common Order is only for

the purpose of this revision, and both the M.C., as

also, the suit O.S. No. 208 of 2024, will be

considered by the respective courts in accordance

with law, untrammeled by any of the observations

contained herein. There will be a direction to the

learned Magistrate to expedite the proceedings in the

subject M.C. to the extent possible.

Sd/-

C. JAYACHANDRAN JUDGE

mea Crl. Rev. Pet. Nos.779 & 1034 of 2024

21 2025:KER:16343

APPENDIX OF CRL.REV.PET 1034/2024

PETITIONER ANNEXURES

Annexure A TRUE COPY OF THE SALE AGREEMENT FOR SALE OF 16.29 ARES OF LAND ALONG WITH THE RESIDENTIAL HOUSE IN SY. NO: 27/1- 2 IN PUZHAKKATTIRI VILLAGE, FROM REVISION PETIITONER AND 3RD RESPONDENT DATED 20.01.2022

Annexure B TRUE COPY OF THE SALE DEED NO:

1131/2023 DATED 15.03.2023 OF MAKKARAPARAMBU SUB REGISTRAR OFFICE

Annexure C TRUE COPY OF THE INTERIM ORDER IN CMP NO: 2087/2023 IN M C NO: 28/2023 DATED 29.03.2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, PERINTHALMANNA

Annexure D TRUE COPY OF THE ORDER IN CMP NO:

2087/2023 IN MC 28/2023 DATED 23.12.2023 OF JFCM-I, PERINTHALMANNA

Annexure E CERTIFIED COPY OF THE JUDGEMENT OF THE ADDL. SESSIONS JUDGE-III, MANJERI DATED 11.06.2024 IN CRL. APPEAL NO:

10/2024.

 
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