Domestic Violence Act — Residence Order and Police Protectio · 3 August 2026
Shajitha V.P. v. State of Kerala: Kerala High Court Allows Police Protection Under a DV Act Residence Order but Bars Using It to Evict the Former Husband
High Court of Kerala at Ernakulam · 2026 LiveLaw (Ker) 479; 2026:KER:59206; W.P.(C) No. 18218 of 2026
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A woman and her son sought police protection, saying her former husband was threatening her and trying to force them out of the shared household, which they occupied under a residence order under the Domestic Violence Act. The former husband said the marriage had been dissolved, that he had filed an injunction suit, that when an Advocate Commissioner visited the property on the court's direction the petitioners obstructed the proceedings and even stopped him entering his own property, and that he had not threatened anyone. He said the petition was a way to throw him out of his own property. The State said there was no law-and-order situation requiring police protection.
Justice Bechu Kurian Thomas held that the petitioners may give a written request for police protection if there is an imminent threat, and directed the Station House Officer to give protection if the circumstances warrant. The Court made clear that the petitioner shall not use police protection to evict the former spouse, noting an earlier attempt on her part to do so. The judgment records that it was delivered on 3 August 2026; the order was reported on 31 August.
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