IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 27^TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946 CRL.MC NO. 8951 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 04.08.2023 IN Crl.A NO.15 OF

2022 OF ASSISTANT SESSIONS COURT/II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM ARISING OUT OF THE ORDER/JUDGMENT DATED IN MC NO.8 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ATTINGAL PETITIONER/APPELLANT/RESPONDENT:

NAZAR.A AGED 63 YEARS S/O ABDUL WAHAB, MARHABA, KAAVUNADA, ALAMCODE.P.O, ALAMCODE NOW RESIDING AT ROOM NO 6 ASHA LODGE, NEAR KSRTC, OPP CSI MISSION HOSPITAL, ATTINGAL P.O, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101 BY ADV M.R.SARIN RESPONDENTS/STATE/RESPONDENT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ADDL.R2 MUMTHAS NAZAR, AGED 54 YEARS D/O KUNJU MUHAMMED, MARHABA, KAAVUNADA, ALAMCODE VILLAGE, ALAMCODE.P.O, THIRUVANANTHAPURAM, IS IMPLEADED AS ADDL.R2 VIDE ORDER DATED 11/11/2024 IN CRL.M.A.NO.1/2024.

BY ADV Liju MP ADV.C.N.PRABHAKARAN – SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

27.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 27^th day of January, 2025 The petitioner is aggrieved by Annexure-A1 Order, which is an ex-parte Order passed under the provisions of the Protection of Women from Domestic Violence Act, 2005, by the Judicial First Class Magistrate Court-II, Attingal. As per the Order impugned, the respondent is restrained from committing any act of domestic violence against the petitioner and also from causing any obstruction to the peaceful living of the petitioner in the shared household by name 'Marhaba', Alamcode Village. The third limb of the Order directs the respondent to withdraw himself from the said shared household. The Order has a fourth limb, which restrains the respondent/husband from making any obstruction to the peaceful living of the petitioner/wife in another residence by name 'Happy Home', Pallickal P.O., Pallickal Village.

2. Learned counsel would submit that sweeping Orders like the one directing the petitioner herein to withdraw from the shared household at 'Marhaba', Alamcode Village, cannot be passed without hearing the petitioner/husband. That apart, a report from the Protection Officer in terms of the proviso to Section 12 is also not obtained, is the grievance urged.

3. Per contra, learned counsel for the petitioner would submit that the Order impugned is perfectly illegal and the same is required to prevent instances of domestic violence against the respondent/wife.

4. Having heard the learned counsel appearing for the respective parties, this Court finds prima facie merit in the submissions made by the learned counsel for the petitioner/husband. The purpose of ex-parte Order is to prevent the possibility of an imminent danger and to prevent instances of domestic violence to women, even during the time before which notice is served on the petitioner/husband. The same is an interim measure to protect the rights of the women. Therefore, the first two limbs of the impugned Annexure-A1 Order, which restrains the petitioner/husband from causing any obstruction to the peaceful living of the respondent/wife, will squarely come within the ambit of such ad interim ex-parte Order. However, it may not be proper to issue a sweeping direction to the petitioner/husband to withdraw from the residence at 'Marhaba', without hearing the affected party. The respondent/wife had sought for protection in both the houses at 'Marhaba', as also, in 'Happy Home'. Insofar as 'Marhaba' is concerned, the respondent herein/wife wanted the petitioner herein/husband to withdraw; and insofar as 'Happy Home' is concerned, she wanted a protection order restraining the petitioner herein from causing any obstruction to the peaceful living. This Court is of the opinion that both these directions, insofar as it pertain to 'Marhaba' and also the 'Happy Home' cannot be passed wi