The Kerala High Court is slated to consider pertinent questions regarding the jurisdiction of family courts when it comes to original petitions seeking relief under the Protection of Women from Domestic Violence Act.
A division bench of justices A Muhamed Mustaque and Sophy Thomas on August 2 appointed advocate M Ashok Kini as Amicus Curie to assist the bench in the case.
The High Court was considering a petition filed by a man who moved the Court contending that it doesn’t come into the jurisdiction of the family court to entertain an original petition filed under the Domestic Violence Act.
The petitioner had filed a divorce plea which was pending earlier before a family court in Alappuzha district.
While seeking a transfer of the case to another district, the estranged wife of the petitioner filed a fresh petition in a family court in Ernakulam to seek relief under the Protection of Women from Domestic Violence Act.
The husband (petitioner) objected to the plea filed by the wife, making the fact a ground that an original petition under the Protection of Women from Domestic Violence Act can only be filed before a judicial magistrate and not before a family court.
Even after the objection of the petitioner, the family court at Ernakulam proceeded to consider the petition and pass an order in the case.
Post objection of the petitioner, the family court at Ernakulam proceeded to consider the petition and pass an order in the case.
It pushed the petitioner to move to the High Court for relief, which earlier directed the family court at Ernakulam to take the matter into consideration.
However, after the family court at Ernakulam dismissed the petitioner’s objection, he moved the High Court again to seek relief.
The bench proceeded to adjourn the matter on Wednesday, post appointment of an Amicus Curiae for assisting the High Court. It said that the case will be heard further on August 10.
Source: https://www.barandbench.com/news/litigation/family-courts-original-petitions-domestic-violence-act-kerala-high-court-to-examine
