Former Wife Protected By DV Act Residence Order Can Seek Police Protection, But Can't Oust Husband From His Own House: Kerala High Court
The Kerala High Court recently granted police protection to a woman, who was sharing a household with her former husband, after obtaining a residence order under the Protection of Women from Domestic Violence Act, 2005. [2026 LiveLaw (Ker) 479]
Justice Bechu Kurian Thomas directed that police protection can be given upon written request since the peculiar living situation might create tensions.
The Court, however, made it clear that the petitioner shall not use police protection to evict the former spouse (fifth respondent), after noting that there was an earlier attempt on her part to do so.
“it is evident that the petitioner cannot keep the fifth respondent out of his house. At the same time, both of them are required to share the household. Sharing the household by these two conflicting personalities can necessarily create tension. In such circumstances, if the petitioners apprehend any imminent threat, they ought to be given the necessary protection to ensure that she is not harmed physically or mentally. At the same time, the petitioner cannot use the police force as a means to evict the fifth respondent from his own property,” the Court opined.
The police protection plea was preferred by a woman and her son. The first petitioner alleged that her former husband was threatening her and, compelling them to vacate the shared household, which was obtained by an order of residence under the DV Act.
The former husband/fifth respondent filed a counter stating that their marriage was dissolved and that he had instituted an injunction suit against her. He further stated that when the Advocate Commissioner visited the property as per the court's direction, the petitioners obstructed the proceedings and even prevented him from entering his own property.
He denied the allegation that he threatened or intimidated the petitioners. It was further contended that the plea was a guise to throw him outside his own property.
The State also took a stand that there were no law-and-order situation requiring grant of police protection.
After hearing the parties, the Court was of the view that the petitioners can give a written request for police protection if there is any imminent threat. It directed the Station House Officer concerned to give protection if the circumstances warrant so.
"there will be a direction to the fourth respondent to afford adequate protection to the petitioners as and when required on the basis of a written intimation provided the said respondent is satisfied that circumstances warrant, the grant of such protection. It is, however, clarified that this order shall not be used to prevent the fifth respondent from entering into his own property," the Court added.
Thus, the Court disposed of the plea.
Case No: W.P.(C) No. 18218 of 2026
Case Title: Shajitha V.P. and Anr. v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 479
Counsel for the petitioners: Anoop Joseph, Zerene Linda Mitchel, Aswani Thuvvakkadan, K.K.Dajula, Joseph Sunny, Yogesh V. Pai, Ashly Joseph
Counsel for the respondents: K.A. Anas, Anirudh Kadavil – Government Pleader