SREEKALA Vs. AJITH KUMAR

JUDGEMENT

(1.) The appellant challenges the order of the learned Family Court, Punalur, in IA No. 1 of 2024, in OP(Others) No. 563 of 2024 because, it has injuncted her from trespassing into the Petition Schedule Property, or from disturbing the peaceful residence of the respondents therein.

(2.) The primary attack of Sri K. V. Anil Kumar learned counsel for the appellant, against the impugned order is that, it has been issued virtually rejecting an order of protection that his client had obtained on 27/1/2025, from the jurisdictional Judicial Magistrate of First Class, in MC No. 45 of 2023 which is a case filed by her under the Domestic Violence Act. He pointed out that, in spite of the said order holding field, wherein, his client was allowed to continue to reside in the house in question, the learned Family Court has entered a finding that it is "improper for her to do so" because the 1st respondent has moved for divorce against her, though the said petition having been dismissed, but against the judgment in which, he has filed Mat.Appeal No.519 of 2022 before this court. He imputed out that the learned Family Court has virtually sat in appeal over the order of the Judicial Magistrate of First Class and hence that the impugned order is in error.

(3.) In response, however, Sri Latheesh Sebastian learned counsel for the respondents, argued that the order of the Judicial Magistrate of First Class, dtd. 27/1/2025, relied upon by the appellant has already been modified by it; and that his client has been directed to offer the appellant an alternative accommodation, which he has done. He contended that, in such circumstances, the order of the learned family court is irreproachable.