IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 14893 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------ SINDHU.M.V., W/O.SAILESHKUMAR, SINDHU BHAVAN, KOCHUPALODE, PANAYAMUTTOM P.O., THIRUVANANTHAPURAM DISTRICT, NOW RESIDING AT T.C.11/511-4, NANDAN NAGAR, NANTHANCODE, THIRUVANANTHAPURAM. BY ADV. SMT.M.A.THASNIM RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, NEDUMANGAD. 4. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, MUSEUM P.O., THIRUVANANTHAPURAM. 5. SAILESHKUMAR, S/O.KARUNAKARA PILLAI, S.D.SADANAM, KUTTIOOD, KALLARA P.O. R1 TO R4 BY GOVERNMENT PLEADER SMT.C.M. CHARISMA R5 BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.14893/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11/5/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.14893 of 2011-J ***************************** Dated this the 16th day of June, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court claiming issue of directions to respondents 2 to 4, all police officials under the 1st respondent State, to afford protection to the petitioner and her minor daughter, aged 13 years – for their life and person against illegal, culpable and violent conduct on the part of the 5th respondent, the husband of the petitioner. 2. According to the petitioner, there is a strained relationship between the spouses. The petitioner, in these circumstances, has been constrained to take up residence along with her minor daughter at Nandan Nagar, Nandankode, Trivandrum. According to the petitioner she faces and apprehends further obstruction to her peaceful residence at Trivandrum from the 5th respondent. It is, in these circumstances, that she has come to this Court with this petition. 3. The 5th respondent has entered appearance through a counsel. Counter affidavit has been filed. The learned counsel for the 5th respondent submits that the 5th respondent has no W.P(C) No.14893 of 2011-J 2 intention in any manner to interfere with the life of the petitioner. According to the 5th respondent, he has already agreed for divorce and a joint application for divorce by mutual consent is pending before the court concerned. In these circumstances, the petitioner and her child can reside peacefully at the place where they now reside. The 5th respondent shall not in any manner interfere with their life or activities, submits the learned counsel for the 5th respondent. 4. The learned Government Pleader after taking instructions submits that according to the police officials, there is no surviving threat to the life or person of the petitioner or her minor daughter from the 5th respondent. The learned Government Pleader submits that it is true that a crime has been registered against the 5th respondent on the complaint of the petitioner. Investigation is complete. Final report has already been filed. At the moment, there is no reason to perceive any threat to the life or person of the petitioner and her daughter. If there be any such threat, police shall be taking appropriate action, submits the learned Government Pleader. 5. The learned counsel for the petitioner submits that the petitioner's apprehension continues notwithstanding these W.P(C) No.14893 of 2011-J 3 submissions on behalf of the 5th respondent. 6. We have considered all the relevant circumstances. We are satisfied that appropriate directions can be issued to respondents 2 to 4. 7. In the result: a) This Writ petition is allowed; b) We accept the submissions of the learned Government Pleader and the learned counsel for the 5th respondent and direct that in the event of any contumacious, culpable or violent conduct on the part of the 5th respondent threatening or causing harm to the petitioner and her daughter, respondents 2 to 4 shall take adequate and necessary actions and afford protection to the petitioner; c) Needless to say, the direction hereby given or the observations above shall not in any way prejudice the interests of either side in the proceedings pending before various courts. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/