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Jacob vs Shiny

High Court Of Kerala|27 May, 2014
|

JUDGMENT / ORDER

Mohanan, J.
The petitioner who is the respondent in I.A.No.1148/13 as well as in GOP No.511/13 preferred the above O.P. under Article 227 of the Constitution of India challenging Ext.P3 order by which the learned Judge of the Family court, Irinjalakuda, restrained the petitioner from doing anything to the peaceful residence of children in the scheduled building near Don Bosco School at Irinjalakuda.
2. The petitioner is the respondent and respondents are the petitioners in GOP No.511/2013 pending before the Family court, Irinjalakuda, which is filed under Sections 7, 8, 9, 10, 12 and 17 of Guardian and Wards Act and Sections 18, 21 and 26 of Protection of Women from Domestic Violence Act. Connected with the dispute between the O.P.(F.C.) No.171 of 2014 2 petitioner and the respondents, now pending before the court below, various allegations and counter allegations were raised by the parties to the dispute. In GOP No.511/2013, the petitioners therein moved I.A.No.1148/13 under Order 39 Rule 1 of CPC r/w Section 18 of Protection of Women from Domestic Violence Act, with a prayer to restrain the respondent who is the petitioner herein, in interfering with the peaceful residence of children in the scheduled building near Don Bosco School at Irinjalakuda. The learned Judge of the Family court after having considered the merits of the prayer and on her prima facie satisfaction, allowed the prayer and thus passed Ext.P3 which is an ad-interim injunction order. The petitioner failed to make out any legal ground so as to interfere with Ext.P3 order. Since Ext.P3 is only an ad-interim injunction order, it is for the petitioner to file counter affidavit in the above I.A. and convince the court about the illegality of the order, if any, by producing evidence either to get vacated Ext.P3 order or modify the same. Therefore, we find no O.P.(F.C.) No.171 of 2014 3 reason to interfere with Ext.P3 order.
In the result, this O.P. is dismissed, relegating the petitioner to approach the court below either for vacating Ext.P3 order or for modifying the same.
Sd/-
V.K.MOHANAN, Judge ami/ Sd/-
A.HARIPRASAD, Judge //True copy// P.A. to Judge
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Title

Jacob vs Shiny

Court

High Court Of Kerala

JudgmentDate
27 May, 2014
Judges
  • V K Mohanan
  • A Hariprasad
Advocates
  • Sri
  • V Binoy Ram