The Kerala High Court has directed the police to provide adequate protection to a woman and her child if circumstances warrant it, while making it clear that such protection cannot be used to prevent her former husband from entering his own property.
Justice Bechu Kurian Thomas passed the order in W.P.(C) No. 18218 of 2026, concerning a dispute between Shajitha V.P. and her former husband Ansil A. The judgment was delivered on August 3, 2026.
Background Of The Case
Shajitha, the first petitioner, had obtained a residence order under the Protection of Women from Domestic Violence Act, 2005. The order directed that Ansil should not interfere with her peaceful possession and use of the residential building and should not forcibly evict her from the property.
Shajitha approached the High Court claiming that Ansil was threatening her and that she feared serious harm. She also alleged that she and her son were being compelled to leave the shared household.
Ansil disputed these allegations. He told the Court that their marriage had already been dissolved in 2024 and that he had filed a civil suit before the Munsiff Court, Cherthala. He further alleged that when an Advocate Commissioner visited the property, the petitioners and their supporters obstructed the proceedings and prevented him from entering the property.
The Government Pleader also submitted that there was no law-and-order situation requiring police protection.
Court's Observation
The High Court noted that the residence order remained in force and therefore Ansil could not take the law into his own hands to forcibly remove the petitioners from the shared household.
At the same time, the Court found that the woman could not use the police protection order to permanently keep Ansil away from his property.
The Court observed:
“On a consideration of the above circumstances, 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.”
The Court further made clear that police assistance could be given where there was an imminent threat, but it could not become a means of evicting Ansil from the property.
Decision
The High Court directed the Station House Officer, Poochakkal Police Station, to provide adequate protection to the petitioners when required, provided the officer was satisfied that circumstances justified such protection.
However, the Court expressly clarified that the direction could not be used to prevent Ansil from entering his own property covered by the existing residence order.
The writ petition was accordingly disposed of.
Case Details
Case Title: Shajitha V.P. & Anr. v. State of Kerala & Ors.
Case Number: W.P.(C) No. 18218 of 2026
Judge: Justice Bechu Kurian Thomas
Decision Date: August 3, 2026
