The court stressed the importance of the Protection of Women from Domestic Violence Act in adjudicating family disputes involving injunctions.

JUDGMENT

A.Muhamed Mustaque, J.

The father-in-law is before us as against the daughter-in-law. In the original petition filed before the Family Court, Kozhikode, he sought an injunction against the daughter-in-law and her parents from entering into the house. The Family Court granted the injunction against the parents of the daughter-in-law and declined the injunction against the daughter-in-law. The said order was passed as early as on 17.06.2022.

2. This Court, while admitting the matter, passed the following order on 25.8.2022:-

“Issue notice before admission to the respondents by speed post. Simultaneously, the petitioner is permitted to serve notice on the respondents through the learned counsel appearing for the respondents before the Family Court.

There shall be an interim order as against the first respondent, restraining her from entering into the petition schedule property for a period of one month. However, we make it clear that nothing would prevent the first respondent from seeking any reliefs under the Protection of Women from Domestic Violence Act, 2005 in appropriate forum. This order will be subject to such order to be passed under the .

3. It is submitted now at the Bar that the order has been passed at the instance of the first respondent by the Judicial First Class Magistrate Court-II, Pathanamthitta, invoking the provisions of the Protection of Women from Domestic Violence Act, 2005 .

4. If that be so, the Family Court is directed to revisit the order in the light of the order passed under the Protection of Women from Domestic Violence Act, 2005 . Till then, the interim order passed in this matter will continue. We direct the Family Court, Kozhikode, to pass fresh orders in regard to the prayer made by the petitioner as against the first respondent. However, we make it clear that the order as against the parents is maintained. Fresh order shall be passed after adverting to the order passed by the Magistrate Court under the , within a period of six weeks.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SOPHY THOMAS JUDGE ln APPENDIX OF OP (FC) 486/2022 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE OP NO. 540/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOZHIKODE DATED 30.03.2022.

EXHIBIT P2 TRUE COPY OF THE I.A 2/2022 IN OP NO.540/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT KOZHIKODE DT.

30.03.2022.

EXHIBIT P3 TRUE COPY OF ORDER PASSED BY THE FAMILY COURT, KOZHIKODE IN I.A.NO.2/2022 IN OP

540/2022 DATED 17.06.2022.