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2026 Supreme(Online)(Ker) 27188

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SUBAIDA – Appellant
Versus
ABDUL AZEEZ – Respondent
CRL.REV.PET NO. 1391 OF 2025|CRL.A NO.13 OF 2025|CRMP 619/2024|MC NO.63 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.P.SAMSUDIN, SHRI.JASNEED JAMAL, SMT.LIRA A.B., SMT.DEVIKA E.D.
For the Respondents: SHRI.AMEEN HASSAN K., SHRI.REBIN VINCENT GRALAN, SMT.LISNA SHERIN T.T., SMT.UMMUL FADLA T.

No interference in lower courts' order providing alternate accommodation in shared household dispute.

Headnote:The case involves proceedings under domestic violence laws concerning right to residence in a shared household. The magistrate provided alternate accommodation and directed vacation of the shared household. The sessions court confirmed this order on appeal. The high court examined the ownership change of the property to other respondents and the provision of alternate accommodation with rent payment. No grounds for interference found. Issues framed include validity of lower courts' orders on residence and alternate accommodation. Ratio: Courts below correctly provided alternate accommodation despite ownership claims; no merit in challenge. Crl.R.P. dismissed.

Table of Content
1. petition challenges sessions court's confirmation of magistrate's residence order. (Para 1 , 2)
2. no grounds to interfere with alternate accommodation provision. (Para 3)

ORDER

Dated this the 8th day of April, 2026 The petitioner in M.C.No.63/2021 on the file of Chief Judicial Magistrate, Manjeri, filed this Crl.R.P. being aggrieved by the judgment of the learned Sessions Judge in Crl.A.No.13/2025.

2. As per the above judgment, the learned Sessions Judge modified the order passed by the learned Magistrate in CMP No.619/2024. It appears that, as per the above order, the learned Magistrate has provided an alternate accommodation to the petitioner and directed her to vacate the shared household and to shift into the alternate accommodation provided. Aggrieved by the said order, she preferred the Crl.Appeal in which the learned Sessions Judge also confirmed the order of the learned Magistrate and directed the petitioner to vacate the shared house. Being aggrieved by the said order, she preferred this Crl.R.P.

3. At the time of arguments, it is revealed that the property in which the shared household situates now belong to respondents 2 & 3.

The learned counsel for the petitioner submits that it was a sham document. Any way, the court below had already provided an alternate accommodation to the petitioner and it is also revealed that the 1st respondent has been paying rent at the rate of Rs.18,000/- per month for the alternate accommodation provided. In the above circumstances, I do not find any grounds to interfere with the findings of the court below so as to call for any interference. In the result, this Crl.R.P. is dismissed.

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