IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4770 of 2009(P) ------------------------------------ MP.710/2009 OF JUDICIAL FIRST CLASS MAGISTRATE-I, KOCHI .................... PETITIONER: ------------------- CYRIL ASSISSI, AGED 55, S/O.VINCENT ASSISSI, LILLY STREET, FORT COCHIN, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT: --------------------- ELIZABATH, D/O.JACOB POTHAN, THAMARASSERY HOUSE, PALAPPULLY DESOM, KARUKULAM PO VARANTHARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C) No.4770 of 2009-P ------------------------------------------ Dated, this the 12th day of February, 2009 JUDGMENT The learned counsel for the writ petitioner very strongly contends before me that the order passed by the Judicial First Class Magistrate-I, Kochi in M.P.No.710 of 2009 is without reasoning and against true facts and, therefore, it requires interference at the hands of this Court. It is an application filed under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005. I find from the order that the restrainment is from dispossessing or evicting the respondent from House No.1/294, Lilly Street, Fort Kochi or from interfering with the respondent's occupation in the said residence until further orders. The appropriate remedy for the writ petitioner is to approach that court which has passed this interim order and prays for variation of the order or for final disposal of the case, as the case may be. It is strongly argued that the said order is against the true facts. This must be borne in mind by the court below to safeguard the rights of parties by not unnecessarily protracting the matter. So, whenever an W.P.(C) No.4770 of 2009 2 application is moved in that behalf, the court after hearing both sides may pass appropriate orders. With this observation the writ petition is disposed of. M.N.KRISHNAN, JUDGE vns