Kerala High Court
Ambili vs Jo Augustin on 8 September, 2025
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
CRL.REV.PET NO. 16 OF 2025
AGAINST THE JUDGMENT DATED 04.10.2024 IN Crl.A NO.99
OF 2024 OF DISTRICT COURT & SESSIONS COURT PALAKKAD ARISING
OUT OF THE ORDER DATED 15.05.2024 IN CMP NO.561/2024 IN MC
NO.99 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
MANNARKAD
REVISION PETITIONER/APPELLANT IN CRL.A NO.99/2024 AND 1ST
RESPONDENT IN CRL.A NOS.74/2024 AND 101/2024 / PETITIONER
IN CMP NO.561/2024 AND RESPONDENT IN CMP NO.1168/2024 IN MC
NO.99/2023:
JO AUGUSTINE, AGED 53 YEARS
S/O V.V. AUGUSTINE, VALAVANATHURUTHEL VEEDU,
THACHAMPARA (P.O), MANNARKAD TALUK, THACHAMPARA
VILLAGE, PALAKKAD DISTRICT, KERALA STATE, PIN - 678593
BY ADVS.
SHRI.SHIBIN K.F.
SHRI.SEBY JOSEPH
RESPONDENT/RESPONDENTS IN CRL.A NO.99/2024 AND APPELLANT
AND 2ND RESPONDENT IN CRL.A NOS.74/2024 AND 101/2024 /
RESPONDENT IN CMP NO.561/2024 AND PETITIONER IN CMP
NO.1168/2024 IN MC NO.99/2023:
1 AMBILI JO
AGED 43 YEARS
D/O A.J. THOMAS, AKKAMATTATHIL(H), PALAKKAYAM (P.O),
MANNARKAD TALUK, PALAKKAD DIST., KERALA, PIN - 678951
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 2
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADVS.
SRI.SHOBY K.FRANCIS FOR R1
SMT.ANCY ANDREWS
SMT.AGI SHOBY
SMT PUSHPALATHA M.K., SR. PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 13.08.2025, ALONG WITH Crl.Rev.Pet.1212/2024,
THE COURT ON 08.09.2025 DELIVERED THE FOLLOWING:
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
CRL.REV.PET NO. 1212 OF 2024
AGAINST THE JUDGMENT DATED 04.10.2024 IN Crl.A NO.74
OF 2024 OF DISTRICT COURT & SESSIONS COURT PALAKKAD ARISING
OUT OF THE ORDER DATED 15.05.2024 IN CMP NO.561/2024 IN MC
NO.99 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
MANNARKAD
REVISION PETITIONER/APPELLANT/RESPONDENT:
AMBILI
AGED 43 YEARS
D/O.A.J.THOMAS, AKKAMATTATHIL HOUSE, PALAKKAYAM P.O,
MANNARKKAD TALUK, PALAKKAD DISTRICT., PIN - 678591
BY ADVS.
SRI.SHOBY K.FRANCIS
SHRI.M.A.ANZAR
SMT.AGI SHOBY
RESPONDENT/RESPONDENT/PETITIONER:
1 JO AUGUSTIN
AGED 53 YEARS
S/O.V.V.AUGUSTIN, VALAVANATHURUTHEL VEEDU, THACHAMBARA
P.O, MANNARKKAD TALUK, PALAKKAD DISTRICT., PIN - 678593
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, COCHIN., PIN - 682031
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 4
BY ADVS.
SHRI.SHIBIN K.F.
SHRI.SEBY JOSEPH
SMT PUSHPALATHA M.K., SR. PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 13.08.2025, ALONG WITH Crl.Rev.Pet.16/2025,
THE COURT ON 08.09.2025 DELIVERED THE FOLLOWING:
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 5
ORDER
The common judgment rendered by the Sessions Court,
Palakkad in Crl.A No.74/2024, 99/2024 and 101/2024 is under
challenge in these revision petitions filed by the parties to the said
proceedings.
2. For the sake of convenience and to avoid confusion, the
parties are referred hereafter in their capacities as husband and wife.
3. The issue involved in these cases relates to an interim
residence order passed by the Judicial First Class Magistrate Court,
Mannarkkad in M.C No.99/2023 under the provisions of the
Protection of Women from Domestic Violence Act upon a petition filed
by the wife. As per order dated 16.10.2023 in C.M.P No.2896/2023,
the learned Magistrate passed an ex parte interim order directing the
husband to give vacant possession of the shared household to the
wife and restraining him from entering into that house. The husband
took up the matter in a writ petition filed before this Court as O.P(Crl)
No.876/2023 in which a learned Single Judge of this Court partly
stayed the aforesaid order of the learned Magistrate. The wife again
2025:KER:66087
filed C.M.P No.4233/2023 before the learned Magistrate for breaking
open the lock of the house and for a direction to the police to make
arrangements for her entry into that house. The aforesaid petition
was dismissed by the learned Magistrate on 07.12.2023. However,
upon the complaint filed by the wife, the police registered a crime
against the husband in connection with the violation of the interim
order passed by the learned Magistrate. The husband again
challenged the aforesaid F.I.R by filing Crl.M.C No.10318/2023 in
which the further proceedings in that crime was stayed by a learned
Single Judge of this Court. The wife thereafter filed I.A No.1/2023 in
O.P(Crl) No.876/2023 contending that the husband had left the place
after locking the house, and seeking orders to enable her to occupy
the said house. In answer to the above application, the husband
made a submission before this Court that he is residing in the very
same house. The petition was accordingly closed by the learned
Single Judge. Again, issues arose between the wife and the husband
with regard to the occupancy of the shared household, leading to the
filing of a contempt case and also a contempt appeal. Anyhow,
O.P(Crl) No.876/2023 was disposed of by the learned Single Judge of
2025:KER:66087
this Court on 23.02.2024 directing that the husband should not
obstruct the wife's residence in the shared household, and that the
husband also could reside in the shared household without causing
obstruction to the wife. Direction was also given to the Trial Court to
dispose of the M.C immediately, and the parties were permitted to
approach the Trial Court for modification of the order. Accordingly,
the husband filed C.M.P No.561/2024 before the learned Magistrate
offering alternate accommodation to the wife in a rented residence at
his expenses. The wife filed C.M.P No.1168/2024 for a direction to
the husband to vacate the shared household. The learned Magistrate
proceeded with the enquiry in both the above petitions and accepted
the offer of the husband to provide alternate accommodation to the
wife. Accordingly, the necessary directions were given to ensure that
the alternate accommodation is having the same amenities and
conveniences, being enjoyed by the wife in the shared household.
The petition filed by the wife for evicting the husband from the
shared household, was dismissed by the learned Magistrate. Crl.A
Nos.74/2024 and 101/2024 were filed by the wife and
Crl.A.No.99/2024 was filed by the husband challenging the aforesaid
2025:KER:66087
common order passed by the Judicial First Class Magistrate Court,
Mannarkkad on 15.05.2024 in C.M.P No.561/2024 and C.M.P
No.1168/2024. The learned Sessions Judge, after reappraisal of the
evidence on record, and an analysis of the contentions raised by the
parties, and also taking note of the continuing instances of strife
between the parties, arrived at the finding that the common order
passed by the learned Magistrate is not liable to be interfered with.
It was thus observed that the order of the learned Magistrate was
very much in accordance with the established norms and rules, and
hence it is sustainable.
4. In the present petitions, the wife as well as the husband
strongly assail the verdicts of the Sessions Judge as well as the
Magistrate. While it is contended by the wife that she has no other
place of abode and that the continued occupation of the husband in
the shared household is a threat to her life and safety, the husband
would contend that the shifting of the residence of the wife from the
shared household is highly necessary to meet the ends of justice.
According to the husband, the wife is maintaining an illicit
relationship with a distant relative of hers in that house and causing
2025:KER:66087
hardships to his peaceful residence over a portion of it as permitted
by this Court. Per contra, it is contended by the wife that the
husband has accommodated two ladies in that shared household and
is involved in activities which would disrupt her peaceful life.
5. Heard the learned counsel for the revision petitioners in
both these cases.
6. At the outset, it is to be noted that the issues involved in
these revision petitions came up from an interim residence order
passed by the learned Magistrate. The main matter, that is M.C.No.
99/2023, is still pending adjudication before the Trial Court. The final
decision on the various reliefs claimed by the wife in the said petition
is yet to be made by the learned Magistrate after a detailed
evaluation of the evidence to be adduced by the parties. As far as
interim orders are concerned, the purpose behind such orders is to
have a quietus of the ruckus between the parties till the matter is
finally adjudicated by the court concerned. Thus the prime purpose
of passing interim orders, whether it be orders of protection or
residence, is to maintain the state of equilibrium pending the disposal
of the main matter. As far as the present case is concerned, the joint
2025:KER:66087
occupation of the shared household by the wife and the husband was
being continued pursuant to the directions of this Court in O.P(Crl)
No.876/2023 and Crl.M.C No.10318/2023. However, in reality, the
continued violence leading to further issues between the parties has
proved that the above venture to accommodate both the parties
under the same roof was not feasible. It is by realising the above
fact that the learned Magistrate directed the husband to provide
alternate accommodation to the wife, commensurate with the same
status and amenities as that of the shared household. The learned
Sessions Judge upheld the aforesaid decision of the learned
Magistrate, cognizant of the fact that the parties cannot reside
together peacefully and without causing injuries to each other in the
shared household. There is absolutely no illegality or impropriety in
the aforesaid findings of the courts below. It is also to be stated
here that, in the given facts and circumstances of the case, the
direction of the Trial Court to the husband to provide alternate
accommodation to the wife, is the most suitable and efficacious legal
remedy which could be resorted to preserve the peaceful state of
affairs till the matter is finally decided.
2025:KER:66087
7. It is true that the husband has filed the copies of certain
documents before this Court to show that the wife is having landed
properties and other residences. The wife has also filed certain
documents to show that the husband has resorted to morphing her
pictures to make it appear that she was having an illicit relationship
with another person. The copies of police records pertaining to the
cases registered upon the complaint preferred by the wife, are also
produced before this Court. Certain other documents are relied on
by the wife to show that she is not having other residences or
properties as contended by the husband. At the present stage of the
proceedings, this Court cannot embark upon an enquiry on the
matters covered by the aforesaid documents. Needless to say, the
aforesaid documents are irrelevant for the disposal of these revision
petitions. The parties concerned have to place all those records
before the Trial Court to establish their respective contentions. As
matter stands now, there is absolutely no reason to interfere with the
verdicts rendered by the learned Magistrate and the learned Sessions
Judge.
2025:KER:66087
In the result, both these revision petitions are hereby
dismissed. All pending applications stand closed.
(sd/-)
G. GIRISH, JUDGE
jsr
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 13
APPENDIX OF CRL.REV.PET 1212/2024
PETITIONER ANNEXURES
Annexure -A A TRUE COPY OF THE ORDER DATED 16-10-2023 IN
CMP NO.2896/2023 IN M C NO. 99/2023 PASSED BY
THE JFCM COURT, MANNARKKAD
Annexure - B A TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT IN OP [CRL.] NO. 876/2023 DATED
16-11-2023
Annexure -C A TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT IN I A NO. 1/2023 IN OP [CRL]
NO. 876/2023 DATED 20-12-2023
Annexure -D A TRUE COPY OF THE ORDER IN CON. CASE (C) NO.
174/2024 DATED 19-1-2024 PASSED BY THIS
HON'BLE COURT
Annexure- E A TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN OP (CRL) NO. 876/2023 DATED
23-2-2023
Annexure - F A TRUE COPY OF THE FIR IN CRIME NO. 211/2024
DATED 21-4-2024 OF KALLADIKODE POLICE STATION
WITH F I STATEMENT
Annexure -G A TRUE COPY OF THE FIR IN CRIME NO. 907/2023
DATED 4-10-2023 OF KALLADIKODE POLICE STATION
Annexure -H A TRUE COPY OF THE E-LAND DETAILS OF THE 1ST
RESPONDENT IN AMBALAPPRA -1 VILLAGE PUBLISHED
IN THE OFFICIAL WEB PORTAL OF THE REVENUE
DEPARTMENT DATED NIL
Annexure -I A TRUE COPY OF THE E-LAND DETAILS OF THE
FATHER OF THE 1ST RESPONDENT IE V V
AUGUSTINE, IN AMBALAPPRA -1 VILLAGE PUBLISHED
IN THE OFFICIAL WEB PORTAL OF THE REVENUE
DEPARTMENT DATED NIL
Annexure -J A TRUE COPY OF THE E-LAND DETAILS OF THE
MOTHER OF THE 1ST RESPONDENT IE MARYAMMA, IN
AMBALAPPRA -1 VILLAGE PUBLISHED IN THE
OFFICIAL WEB PORTAL OF THE REVENUE DEPARTMENT
DATED NIL
Annexure -K A TRUE COPY OF THE OWNERSHIP DETAILS OF THE
BUILDING ID NO. 31245010029478 AS PER THE WEB
PORTAL OF THE K SMART, GOVERNMENT OF KERALA
OWNED BY THE 1ST RESPONDENT DATED NIL
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 14
Annexure -L A TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 7-9-2024 ISSUED BY THE AMBALAPARA GRAMA
PANCHAYATH OF THE BUILDING BEARING NO. 593/7
OWNED BY V V AUGUSTIN
Annexure -M A TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 7-9-2024 ISSUED BY THE AMBALAPARA GRAMA
PANCHAYATH OF THE BUILDING BEARING NO. 808/7
OWNED BY MARIYAMMA
Annexure -N A TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 10-9-2024 ISSUED BY THE AMBALAPARA
GRAMA PANCHAYATH OF THE BUILDING BEARING NO.
652/B IN WARD NO.13 OWNED BY V V AUGUSTIN
Annexure -O A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 7-8-2024 ISSUED BY THE PALAKKAYAM
VILLAGE OFFICER
Annexure -P A TRUE COPY OF THE INCOME CERTIFICATE DATED
17-8-2024 ISSUED BY THE VILLAGE OFFICER
Annexure -Q A COPY OF THE FIR IN CRIME NO. 968/2023 OF
KALLADIKODE POLICE DATED 22-11-2023
Annexure -R A TRUE COPY OF THE TITLE DEED NO. 493/2019 OF
SRO OTTAPPALAM DATED 18-2-2019
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 15
APPENDIX OF CRL.REV.PET 16/2025
PETITIONER ANNEXURES
Annexure-A1 THE PRINT OUT OF SCREEN SHOTS OF WHATSAPP
CHAT, DATED NIL, SEND FROM THE 1ST
RESPONDENT'S MOBILE PHONE TO BIJU, PRODUCED
BEFORE THE MAGISTRATE COURT AS EXHIBIT-P1
SERIES.
Annexure-A2 THE PHOTOCOPY OF THE TAX RECEIPT DATED
23-02-2018 IN THE NAME OF THE 1ST RESPONDENT
PRODUCED BEFORE THE MAGISTRATE COURT AS
EXHIBIT-P2
Annexure-A3 TRUE COPY OF THE POSSESSION CERTIFICATE,
DATED 20-10-2018, IN THE NAME OF THE 1ST
RESPONDENT, PRODUCED BEFORE THE MAGISTRATE AS
EXHIBIT-P3
Annexure-A4 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED
26-08-2019 IN THE NAME OF THE 1ST RESPONDENT,
PRODUCED BEFORE THE MAGISTRATE AS EXHIBIT-P4
Annexure-A5 TRUE COPY OF THE RECEIPT DATED 06-06-2023
PRODUCED BEFORE THE MAGISTRATE AS EXHIBIT-P5
Annexure-A6 TRUE COPY OF ANOTHER RECEIPT DATED 18-07-2023
PRODUCED BEFORE THE MAGISTRATE AS EXHIBIT-P6
Annexure-A7 TRUE COPY OF THE COMPLAINT DATED 08-03-2024,
TOGETHER WITH THE RECEIPT DATED 09-03-2024,
SUBMITTED BY THE REVISION PETITIONER AT THE
KALLADIKODE POLICE STATION, PRODUCED BEFORE
THE MAGISTRATE AS EXHIBIT-P7 AND P8
Annexure-A8 TRUE COPY OF THE COMPLAINT DATED 11-03-2024,
TOGETHER WITH THE RECEIPT DATED 11-03-2024,
SUBMITTED BY THE REVISION PETITIONER AT THE
KALLADIKODE POLICE STATION, PRODUCED BEFORE
THE MAGISTRATE AS EXHIBIT-P9
RESPONDENT ANNEXURES
Annexure R1-A A TRUE COPY OF THE COMPLIANT SUBMITTED BY THE
APPLICANT BEFORE THE DEPUTY SUPERINTENDENT OF
POLICE MANNARKAD, DATED 27/09/2023
Annexure R1-B A TRUE COPY OF THE FIR IN CRIME NO. 907/2023
DATED 4/10/2023 OF KALLADIKODE POLICE STATION
Annexure R1-C A TRUE COPY OF THE FINAL REPORT/ CHARGE SHEET
IN CC NO. 104/2024 ON THE FILE OF THE JFCM
COURT, MANNARKKAD DATED 22-12-2023
2025:KER:66087
Crl.R.P No.16/2025 & 1212/2025 16
Annexure R1-D A TRUE COPY OF THE MEDICAL PRESCRIPTION
ISSUED BY THE NEURO PSYCHIATRIST WEST FORT
HI-TECH HOSPITAL, THRISSUR DATED 22/3/2019
Annexure R1-E A TRUE COPY OF THE SETTLEMENT DEED NO.
78/2023 OF SRO, MANNARKAD DATED 6/1/2023
EXECUTED BY THE APPLICANT
Annexure R1-F A TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER DATED 6/5/2025
TO THE APPLICANT
Annexure R1-G A TRUE COPY OF THE SETTLEMENT DEED NO.
4164/2024 DATED 31/8/2024 OF SRO, MANNARKKAD
Annexure R1-H A TRUE COPY OF THE OFFICIAL COMMUNICATION
DATED 2/9/2024 ISSUED BY THE SUB REGISTRAR,
MANNARKAD TO THE SECRETARY OF THE THACHAMPARA
GRAMA PANCHAYATH
Annexure R1-I A TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 6/3/2025 ISSUED BY THE THACHAMPARA
GRAMA PANCHAYATH
Annexure R1-J A TRUE COPY OF THE INCOME CERTIFICATE ISSUED
BY THE VILLAGE OFFICER THACHAMPARA VILLAGE
DATED 17-8-2024
