The matter at hand was tied to a divorce plea filed by a man (petitioner), which was earlier pending before a family court in Alappuzha district.
The petitioner’s estranged wife later sought a transfer of this divorce case. While doing so, she also filed a fresh petition before a family court in Ernakulam seeking relief under the Domestic Violence Act.
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.
Despite the petitioner’s objection, the family court at Ernakulam proceeded to consider and pass an order on the matter.
This led the petitioner to approach the High Court for relief.
Source: Barandbench
