Court held that petitioner lacks locus standi to approach the High Court under Article 226 as she has an effective alternative remedy under the Protection of Women from Domestic Violence Act, 2005.
Writ petition stands dismissed as the petitioner had an alternative remedy under the Protection of Women from Domestic Violence Act, 2005.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 14904 OF 2020
PETITIONER:
SELIN J.
AGED 38 YEARS
W/O.ANIL KUMAR, S.S.BHAVAN, VELLOORKONAM, MANCHA P.O.,
ARUVIKKARA, THIRUVANANTHAPURAM - 695 541.
BY ADV A.S.SHAMMY RAJ
RESPONDENTS:
1 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHAKKADU, THYCADU P.O., THIRUVANANTHAPURAM - 695 014.2 SUB INSPECTOR OF POLICE ARUVIKKARA POLICE STATION, ARUVIKKARA P.O., THIRUVANANTHAPURAM - 695 564.3 ANIL KUMARS/OL.ANTONEY, VASANTHA BHAVAN, KUZHIVILA, THATHANCODE,
ANAD P.O., NEDUMANGADU, THIRUVANANTHAPURAM- 695 541.
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
SRI.P.S.APPU-GP
SRI.JACOB SIMON - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14904 OF 2020
2
JUDGMENT
has an alternative remedy under Protection of Women from
Domestic Violence Act, 2005. The provisions of Article 226 of the Constitution of India cannot be circumvented when there is a specific alternative remedy.
I am of the view that petitioner could have exercised alternative remedy. No ground for interference is made out. Writ petition stands dismissed.
Sd/-
AMIT RAWAL JUDGE
nak
WP(C) NO. 14904 OF 2020
3
APPENDIX OF WP(C) 14904/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE COMPLAINT DATED
19/6/2020, SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P2TRUE COPY OF THE COMPLAINT DATED
19/6/2020 FILED BEFORE THE 1ST
RESPONDENT.
EXHIBIT P3TRUE COPY OF THE COMPLAINT DATED
19/6/2020 FILED BEFORE THE KERALA STATE
WOMEN'S COMMISSION.
2 issues framed by the court
Whether Article 226 of the Constitution can be invoked for protection when a specific remedy under the Protection of Women from Domestic Violence Act, 2005 exists.
Whether the petitioner has an alternative remedy under the Domestic Violence Act.
2 provisions across 2 enactments
SELIN J.
STATE POLICE CHIEF POLICE HEAD QUARTERS
SUB INSPECTOR OF POLICE ARUVIKKARA
ANIL KUMAR
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court