SAJU JOSEPH Vs. MS SOBHA SAJU

JUDGEMENT

(1.) The respondents in OP No.2143/2015 on the file of Family Court, Ernakulam are the petitioners herein. The respondent herein is the petitioner before the court below. The relief sought for in this original petition is to declare that the Family Court has no jurisdiction to entertain the original petition and for restraining the Family Court from proceeding further with the original petition on the basis of the lack of jurisdiction.

(2.) The original petition before the court below was instituted by the respondent herein seeking for a permanent prohibitory injunction restraining the petitioners herein from interfering with the peaceful possession and enjoyment of the business activity conducted by her and from forcefully evicting her from the matrimonial home. A further relief to pass an order of protection in favour of the respondent by prohibiting the petitioners from committing, aiding or abetting commission of any domestic violence under Section 18 of the Protection of Women from Domestic Violence Act, 2005 is also sought for, along with a claim for payment of Rs.25,00,000/ - towards compensation.

(3.) Along with the suit the respondent had also filed an interim injunction application as per Ext.P2 seeking temporary injunction against the petitioners for restraining them from evicting the respondent and her 3 children from the matrimonial home. Exhibit P3 is yet another interim application for injunction filed seeking to restrain the petitioners from entering into the premises of the business unit named, St. Joseph Electrical Retail Shop situated on the ground floor of a double storied building. The court below had passed Exts.P4 & P5 interim orders in the above said applications in I.A. Nos.4361/2015 & 4362/2015. In Ext.P4 the petitioners were restrained through an interim injunction from evicting the respondent and her 3 children from the matrimonial home. In Ext.P5 the petitioners were restrained through an order of temporary injunction from entering into the business place of the respondent named, St. Joseph Electrical Retail Shop. Contention of the petitioners herein is that Exts.P4 & P5 orders are issued totally without jurisdiction and the original petition itself is not maintainable before the Family Court.