The Kerala High Court is slated to consider pertinent questions regarding the jurisdiction of family courts especially in case of original petitions seeking relief under the Protection of Women from Domestic Violence Act.
A division bench comprising of Justice A Muhamed Mustaque and Justice Sophy Thomas on August 2 appointed advocate M Ashok Kini as Amicus Curie for assisting the bench in this regard.
The High Court was hearing a petition filed by a man who approached the Court contending that the family court doesn’t have the jurisdiction to entertain an original petition filed under Domestic Violence Act.
The petitioner had filed a divorce plea which was earlier pending before a family court in Alappuzha district.
While seeking a transfer of this case to another district, the estranged wife made a fresh petition filed in Ernakulam family court to seek relief under the Protection of Women from Domestic Violence Act.
However, the petitioner objected to the wife’s plea on the ground that an original petition under the Protection of Women from Domestic Violence Act can only be filed before a judicial magistrate and not before a family court.
But despite the objection petition by the man, the family court at Ernakulam proceeded to consider and also passed an order on the matter.
As a result, the petitioner moved the High Court for seeking relief, which earlier directed the family court at Ernakulam to consider the issue.
After the dismissal of his objection petition by the family court at Ernakulam, he approached the High Court for relief.
After the appointment of an Amicus Curiae to assist the High Court, the bench on Wednesday proceeded to adjourn the case. So, the case will be heard next on August 10.
Source: https://www.barandbench.com/news/litigation/family-courts-original-petitions-domestic-violence-act-kerala-high-court-to-examine