IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 19968 of 2010(Q) -------------------------- CRMP.1618/2010 of J.M.F.C.-II, ALUVA .................... PETITIONER(S): --------------- PHILLY MAJU @ KOCHUTHRESIA PHILLI W/O.MAJU PETER, AGED 39 YEARS, NJANACKAL HOUSE GLASS FACTORY ROAD, KALAMASSERY PO,ERNAKULAM KOCHI 683 104. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.JEFRIN MANUEL RESPONDENT(S): --------------- 1. GRACY PETER, W/O. LATE N.M.PETER, AGED 65 YEARS, NJANACKAL HOUSE, GLASS FACTORY ROAD KALAMASSERY PO, ERNAKULAM KOCHI 683 104. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC ,PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM FOR THE S.I. OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY. ADV. SMT.MEREENA JOSEPH FOR R1 BY GOVERNMENT PLEADER MR.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19968 of 2010 :2: A P P E N D I X PETITIONER'S EXHIBIT:- 1. EXHIBIT P1 : Copy of the I.A.No.1618/2010 filed before the J.F.C.M Court, Aluva 2. EXHIBIT P2 : Copy of the order dated 15.6.2010 3. EXHIBIT P3 : Copy of the objection filed by the 1st respondent 4. EXHIBIT P4 : Copy of the order dated 23.6.2010 vacating Exhibit P1 order RESPONDENT'S EXHIBIT:- Nil // True Copy// P.A to Judge V.RAMKUMAR, J. ------------------------------------- W.P(C) No.19968 of 2010 -------------------------------------- Dated this the 16th day of July, 2010 J U D G M E N T Petitioner, who is the daughter-in-law of the 1st respondent herein was the applicant before the J.F.C.M Court-II, Aluva in a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Along with the petition she filed CMP.No.1618/2010 under Section 23 of the said Act seeking an interim order prohibiting eviction of the petitioner from the house in question which has claimed as the shared household. On 15.6.2010 the learned Magistrate passed an ad-interim order (Ext.P2). Going by the report of the Magistrate, the said order was passed to avoid a young lady and her two small kids from being thrown out into the streets. Thereafter, on the appearance of the 1st respondent herein who is the mother-in- law of the petitioner and who had filed a counter affidavit, the learned Magistrate passed Ext.P4 order dated 23.6.2010 vacating Ext.P1 order. The 1st respondent mother-in-law was however directed to file an affidavit to the effect that she will not evict the petitioner and her children for a period of two weeks, so as to enable the petitioner to file an appeal against Ext.P4 W.P(C) No. 19968 of 2010 : 2 : order in case she was desirous of challenging the same. Instead of filing an appeal, the petitioner has approached this court with the present petition under Article 226 of Constitution of India seeking to quash Ext.P4 order. It is now well settled that even an exparte order passed under the Act is appealable under Section 29 of the Act. Hence, the remedy of the petitioner is to file an appeal. The learned counsel appearing for the 1st respondent mother-in-law submitted that she will not disturb the possession (though secured under the cover of Ext.P2 order) of the petitioner nor will she evict the petitioner from the house in question for a period of two weeks so that the petitioner may file an appeal before the Sessions Court within two weeks. The said submission is recorded. This writ petition is disposed of directing the petitioner to avail of the alternative remedy of appeal under Section 29 of the Act. In case the petitioner files an appeal within two weeks from today the same shall be entertained by the Session Judge without insisting on the limitation and appropriate orders shall be passed after giving both sides an opportunity of being heard. V.RAMKUMAR, JUDGE dmb