A.M.Shaffique

, J.

This appeal is filed by the respondent in O.P.No.441 of

2007 of the Family Court, Kannur. The original petition is filed

by the respondent herein seeking a permanent prohibitory

injunction restraining the appellant/respondent from

trespassing into the plaint schedule property. The parties are

legally wedded. The marriage being solemnized on 30.12.1985

and the contention urged by the petitioner was that his wife

though has no right in respect of the plaint schedule property

is trying to trespass into the same. According to him, she was

leading an immoral life with another person.

2.

The Family Court allowed the petition restraining

the respondent by a permanent prohibitory injunction from

trespassing into the plaint schedule property and from taking

the usufructs. But it was made clear that the order of

injunction granted in favour of the petitioner will not take away

the right of the residence if any of the respondent in the house

situated in the property, which is to be adjudicated and

..3..

decided in between the same parties in a proper proceeding.

It is apparent from the facts that the matrimonial issues are

pending between the parties. The property belongs to the

respondent herein. The right of the appellant/wife if any will

only be a right of residence to be decided by the court in

appropriate proceedings. In so far as she cannot claim

exclusive possession of the property the respondent was

justified in seeking for injunction alleging that they were

residing separately. Under such circumstances, when the

court had taken care of her rights as a wife there is no reason

to interfere with the judgment.

The Mat.Appeal is therefore dismissed.

Sd/-

A.M.SHAFFIQUE,

JUDGE

Sd/-

N.ANIL KUMAR,

JUDGE

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