The Kerala High Court is set to address significant questions pertaining to the jurisdiction of family courts in handling original petitions seeking remedies under the Protection of Women from Domestic Violence Act.
A division bench comprising Justices A Muhamed Mustaque and Sophy Thomas, on August 2nd, designated advocate M Ashok Kini as Amicus Curiae to aid the bench in this matter.
This situation arose from a petition submitted by a male petitioner, who argued that a family court lacks the authority to entertain an original petition filed under the Domestic Violence Act. The petitioner had previously filed for divorce in a family court in Alappuzha district.
During the course of this case, the petitioner's estranged wife initiated a fresh plea in a family court in Ernakulam, seeking relief under the Protection of Women from Domestic Violence Act. The petitioner contested this plea, asserting that an original petition under the aforementioned Act could only be presented before a judicial magistrate, not a family court.
Despite the petitioner's objection, the Ernakulam family court proceeded to address the matter and issue an order. Dissatisfied with this outcome, the petitioner approached the High Court seeking remedy. The High Court initially directed the Ernakulam family court to examine the issue.
However, following the dismissal of the petitioner's objection by the Ernakulam family court, he once again appealed to the High Court for relief.
Subsequently, with the appointment of an Amicus Curiae to assist the High Court, the bench chose to adjourn the proceedings on Wednesday. The case is scheduled to be taken up again on August 10th.
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TAGS: Kerala High Court family courts original petitions Domestic Violence Act jurisdiction Protection of Women from Domestic Violence Act division bench Justices A Muhamed Mustaque Sophy Thomas Amicus Curiae advocate M Ashok Kini petition divorce plea Alappuzha district Ernakulam family court relief objection judicial magistrate order proceedings adjourn August 10th.
