IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 21100 of 2011(J) ------------------------ PETITIONER(S): ----------------------- 1. PARAMESWARAN PILLAI, UTHRADATHIL, BHARANIKAVU SOUTH MURI, KATTANAM VILLAGE, ALAPPUZHA DISTRICT. 2. SAUDHAMMA PILLAI, W/O.PARAMESWARAN PILLAI, UTHRADATHIL, BHARANIKAVU SOUTH MURI, KATTANAM VILLAGE, ALAPPUZHA DISTRICT. BY ADVS. SRI.T.R.HARIKUMAR SRI.JAYAN V.EAPEN RESPONDENT(S): ------------------------- 1. THE STATION HOUSE OFFICER, KURATHIKAD, ALAPPUZHA-688531. 2. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA, ALAPPUZHA-690101. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA-688001. 4. VEENA, D/O.VIMAL KUMAR, MANJU BHAVANAM, PULIYANNUR.P.O, PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT-686573. 5. VIMAL KUMAR, MANJU BHAVANAM, PULIYANNUR PO., PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT-686573. 6. SUJATHA, MANJU BHAVANAM, PULIYANNUR.P.O, PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT-686573. 7. VIPIN KUMAR, MANJU BHAVANAM, PULIYANNUR.PO., PALA, MEENACHIL TALUK, KOTTAYAM DISTRICT-686573. R1 TO R3 BY GOVT. PLEDER SMT. C.M. CHARISMA R4 TO R7 B7 ADV. SRI.P.C.HARIDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 21100 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT IN O.S. NO. 128/2010 DATED 8-11-2010. EXT.P2 : COPY OF THE PETITION FILED BY THE 4TH RESPONDENT BEFORE THE JFCM-1, MAVELIKARA. EXT.P3 : COPY OF RECEIPT EVIDENCING RETURN OF THE GOLD ORNAMENTS. EXT.P4 : COPY OF THE ORDER IN MC 107/2010 DATED 15-3-2011. EXT.P5 : COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 24-7-2011. EXT.P6 : COPY OF RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 24-7-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.21100 of 2011 ------------------------------- Dated this the 8th day of August, 2011. J U D G M E N T C.K.ABDUL REHIM, J. The 4th respondent is the daughter in law of the petitioners. Son of the petitioners, who is the husband of the 4th respondent, is working in Dubai. Apparently it is evident that, the matrimonial relationship between the petitioners' son and the 4th respondent remain strained. It is stated that the son of the petitioners have already moved the Family Court for divorce, and proceedings in this regard is pending disposal before the Family court, Alappuzha. It is also evident that the 4th respondent is at present residing with her parents, since 2006 onwards. Respondents 5 to 7 are the parents and brother of the 4th respondent. 2. Allegations in the writ petition is that, on 24.7.2011 the 4th respondent alongwith respondents 5 to 7 attempted to trespass into the house of the petitioners and caused 2 W.P.(C) No.21100 of 2011 disturbance to their peaceful life. It is averred that, a petition filed by the 4th respondent under Section 23(2) of the Protection of Women from Domestic Violence Act 2005, before the Chief Judicial Magistrate Court- Mavelikkara, stands dismissed. It is also mentioned that a suit filed by the petitioners seeking permanent prohibitory injunction against respondents 4 to 7 restraining them from trespassing into the petitioners' properties, as O.S.No.128 of 2010 before Munsiff's Court, Kaayamkulam, stands decreed. Under the above mentioned circumstances, apprehending threat to the life of the petitioners and also trespass by respondents 4 to 7 in the house of the petitioners, they submitted Ext.P5 before the 3rd respondent. Since no action is taken this writ petition is filed. 3. Heard ; Sri.Haridas, learned counsel for respondents 4 to 7. It is conceded that the civil suit filed by the petitioners happened to be decreed ex-parte, and 3 W.P.(C) No.21100 of 2011 the petition filed under Domestic Violence Act was dismissed for default. Contention of the 4th respondent is that, she has got every right to enter the house of the petitioners and to reside therein, she being the legally wedded wife of the petitioners' son, and since it is her matrimonial house. But we notice that the relationship between the spouses remain strained and the 4th respondent is residing at her parental home, since the last few years. It is also contended by the petitioners that the gold ornaments and other properties belonging to her had already been returned. However, the 4th respondent is disputing such facts. 4. In view of the fact that there is an order of permanent prohibitory injunction issued by the Munsiff's court, the respondents 4 to 7 are not entitled to trespass into the house of the petitioners. In view of the dismissal of the petition filed by the 4th respondent under the Protection of Women from Domestic Violence Act 2005, 4 W.P.(C) No.21100 of 2011 she could not claim any right of residence in the house of the petitioners. That being the position we are of the considered opinion that, the respondents 4 to 7 shall not be permitted to enter the house of the petitioners or to create any disturbance to their peaceful life. Ofcourse, it is left open to the 4th respondent to pursue remedies before the competent court with respect to the civil suit as well as with respect to the petition filed under the Domestic Violence Act. If any favourable order is obtained from any competent court, the 4th respondent will be free to execute the same. 5. As long as there is no order obtained from any competent court permitting residence of the 4th respondent in the petitioners' house, we are of the opinion that the respondents 4 to 7 could not be permitted to enter the house of the petitioners or to cause any threat or disturbance to the life of the petitioners. Therefore, the respondents 1 and 2 are directed to take effective steps to 5 W.P.(C) No.21100 of 2011 avert such attempt if any made, and to take necessary action if any reliable information is received with respect to any such attempt. The writ petition is disposed of with the above directions. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/