SELVARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a stranger to CMP No.800/2009 on the file of Judicial First Class Magistrate Court-1, Neyyattinkara, in which a residence order under Section 19 of the Domestic Violence Act, 2005 (for brevity, 'the DV Act ') was passed in favour of the second respondent herein, the wife rejecting the contentions of the husband, the third respondent. The wife claimed MDS Bhavan, Kuravara, Ottasekharamangalam to be her shared household and the learned Magistrate issued a residence order on 14-1-2011 restraining the third respondent from alienating the shared household or parting with his rights over the land and house. The second respondent was further permitted to reside in the building and the third respondent was restrained from causing any sort of disturbance to her possession and enjoyment of the shared household.

(2.) The petitioner purchased the shared household and the land in his name subsequent to the aforesaid order and became the absolute owner in possession of the same. There was a mortgage outstanding in the property in the name of a stranger at the time of purchase which also, he redeemed as authorised in the sale deed.

(3.) The grievance of the petitioner is that he recently received Annexure-V notice from JFCM-1 Neyyattinkara, dated 3.8.2016 in CMP No.2588/2015 calling upon him to obey the order dated 14-1-2011 though he was not a party to the proceedings initiated under the DV Act . His contention is that he is not bound by the residence order and it is not enforceable against him under law. It is contended that, he purchased the property without being aware of the litigation pending between the spouses. He contends that he being the paramount title holder of the shared household, the second respondent has no right to enforce the order as if the shared household still subsisted. On these grounds, invoking Section 482 of the Cr.P.C., he seeks to quash the residence order dated 14-1-2011 as well as the notice dated 3-8-2016 issued to him by the court.