IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 892 of 2010(J) ------------------------ PETITIONER: --------------- SUBRAMANIAN, AGED 47 YEARS, S/O.NARAYANAN, VADAKKEKKARA HOUSE, NEAR THARAKKAL TEMPLE, ANANDAPURAM ANANDAPURAM DESOM, TRICHUR DIST. BY ADV. SRI.M.ANIL KUMAR SMT.PREETHI K.PURUSHOTHAMAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUPERINTENDENT OF POLICE, THRISSUR. 3. SUB INSPECTOR OF POLICE, PUTHUKKAD POLICE STATION, PUTHUKAD, THRISSUR. 4. AMMINI, AGED 80, W/O.NARAYANAN VADAKKEKKARA HOUSE, NEAR THARAKKAL TEMPLE, ANANDAPURAM, ANANDAPURAM DESOM, TRICHUR DIST. 5. OMANA @ BINDU, AGED 34, D/O.NARAYANAN VADAKKEKKARA HOUSE, NEAR THARAKKAL TEMPLE, ANANDAPURAM, ANANDAPURAM DESOM, TRICHUR DIST. SR. GOVT. PLEADER SRI. R. LAKSHMI NARAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.1.2010, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = == == = = = W.P.(C) NO. 892 OF 2010 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 11TH DAY OF JANUARY, 2010. J U D G M E N T Raman, J. In the view we are taking, we are not issuing notice to the parties. Since the petitioner is faced with an exparte order passed by the Magistrate under the Domestic Violence Act, if there is any misuse of the order by a party, certainly he can get relief either to vacate the order or to get appropriate relief from the same court. Hence it is for the petitioner to approach the same forum for necessary relief, at the first instance. That having not been done, we are not inclined to admit this writ petition and entertain the same at this stage. However, petitioner's right to approach this Court at a later occasion after moving the court below is reserved. In case an application is moved by the petitioner, the court below will pass appropriate orders expeditiously, in accordance with law, after hearing the parties. Subject to the above observation, this writ petition is dismissed. P.R. RAMAN, (JUDGE) P.S. GOPINATHAN, (JUDGE) KNC/-