Whether Family Court Has Jurisdiction To Entertain Plea Seeking Reliefs Under Domestic Violence Act? Kerala High Court Appoints Amicus Curiae

The Kerala High Court is set to decide whether Family Court has jurisdiction to entertain a petition seeking reliefs under the Protection of Women from Domestic Violence Act, 2005. 

A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas on Wednesday appointed Advocate M. Ashok Kini as the amicus and posted the matter for consideration on August 10. 

As per the factual matrix, the matrimonial relations between the petitioner-husband and respondent-wife had broken down irretrievably for various reasons. The parties last resided together at Thiruvananthapuram.

Following the breakdown of their matrimonial relations, the respondent and the petitioner filed original petitions for divorce before the Family Court, Ernakulam and the Family Court, Alappuzha, respectively. The respondent also filed separate petitions under the Protection of Women from Domestic Violence Act, 2005, the Guardians and Wards Act, and for maintenance, before the Family Court, Ernakulam.

The petitioner contended in all these petitions that the Family Court at Ernakulam did not have the jurisdiction. However, petitioner's objections were eventually dismissed.

It is in these circumstances that the petitioner has approached the High Court contenting that the only court vested with the jurisdiction to entertain a petition under the provisions of the Domestic Violence Act is the Judicial Magistrate as per Section 12 of the enactment.

The plea has been moved through Advocates Sebastian Champappilly, Abraham P. Meachinkara, George Cleetus, Annie George, and Margaret Maureen Drose. Advocates V.K. Balachandran and Drishya K. Prakash appear on behalf of the respondent.

Case Title: George Varghese v. Treesa Sebastian & Ors. 

Case Number: OP (FC) NO. 539 OF 2022

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