IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 31047 of 2008(U) ----------------------------------------- PETITIONER(S): ------------------------ ANJU JASMIN, D/O.NADEERA SULAIMAN, A.H.BUILDING, PALAMKONAM, PERUNKULAM PO.,ALAMCODE, ATTINGAL NOW R/AT. VILAYILPUTHENVEEDU, KOTTAYAM PO., KOLLAM . BY ADV. SRI.NAVEEN.T RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, CHATHANNORE, KOLLAM. 3. A.K.NAIZAM, R/AT.A.H.BUILDING, PALAMKONAM, PERUNKULAM PO., ALAMCODE, ATTINGAL. ADV. SRI.M.R.RAJESH FOR R3 SMT.PREETHA A.K. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31047/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE OUT PATIENT RECORD ISSUED BY THE MEDICAL COLLEGE, TRIVANDRUM. P2:- COPY OF THE FIR FILED BEFORE THE JUDL. FIRST CLASS MAGISTRATE COURT-I, VARKALA/ P2(a):- COPY OF THE STATEMENT GIVEN BY THE PETITIONER BEFORE THE ASST. SUB INSPECTOR OF POLICE, KADAKKAVOOR. P3:- COPY OF THE OP. NO.1260/08 FILED BEFORE THE FAMILY COURT, NEDUMANGAD. P4:- COPY OF THE PETITION DT. 15.10.08 FILED BY THE PETITIONER BEFORE THE S.I. OF POLICE, KOTTIYAM. P5:- COPY OF THE PETITION DT. 17.10.08 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT'S EXHIBITS R4(a):- COPY OF THE F.I.R. NO.98/06 ALONG WITH THE F.I.S. OF THE PALODE POLICE STATION. R4(b):- COPY OF THE F.I.R. NO.580/08 ALONG WITH THE F.I.S. OF THE MEDICAL COLLEGE POLICE STATION. /TRUE COPY/ P.A. TO JUDGE tss K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ========================================= W.P.(C).No.31047 of 2008 - U =============================== Dated this the 4th day of November, 2008. J U D G M E N T K.BALAKRISHNAN NAIR, J. The petitioner is the wife of the 3rd respondent. They got married in 1997. Three girl children are born in the wedlock. The petitioner submits that the 3rd respondent was physically harassing and abusing her from day one of their marriage. The harassment from his part reached unbearable proportions and finally she was constrained to go to the Medical College Hospital and get herself admitted on 14.10.2008. Based on the intimation given by the hospital, the police came to the hospital and recorded her statement and registered Ext.P2 FIR against the 3rd respondent for the offence punishable under Section 498 A of the Indian Penel Code. She has also moved Ext.P3 application for divorce before the Family Court. She submits that her father is unconcerned with her welfare and therefore she has to take shelter in her friend's house. The 3rd respondent is even now continuing harassment of her. Therefore seeking necessary protection to her life, she has moved the Kottiyam Police by filing W.P.(C).No.31047 of 2008 - U 2 Ext.P4 and Chathannore Police by filing Ext.P5. Thereafter this writ petition is filed seeking appropriate reliefs for protection of her life. 2. The 3rd respondent has filed a counter affidavit stating that all the allegations of the petitioner are unfounded. The petitioner was in love with one Hameem before her marriage and even after marriage, the said relationship continued. That is the reason why disputes arose between the petitioner and the 3rd respondent. The petitioner's father had filed a complaint before the police about her missing alleging that she might have eloped with the aforementioned Hameem. Her father has lodged a complaint before the Sub Inspector of Police, Palode and Ext.R3 (a) crime has been registered for man missing. The 3rd respondent also rely on Ext.R3(b) FIR registered on 14.8.2008, based on the information lodged by her father again, pointing out that the petitioner had eloped with the aforementioned Hameem. The above facts would show that the petitioner is at fault for the disharmony in their married life. The petitioner has filed a reply affidavit denying the allegations of the 3rd respondent especially those relating to Hameem. W.P.(C).No.31047 of 2008 - U 3 3. Learned Government Pleader submitted that the 2nd respondent, Circle Inspector of Police, Chathannore has directed the Sub Inspector of Police, Kottiyam to grant necessary protection to the life of the petitioner, if any threat from the part of the 3rd respondent exists. In this case, we do not propose to go into the rival contentions of the petitioner and the 3rd respondent. We record the submission of the learned Government Pleader that the 2nd respondent had directed the Sub Inspector of Police, Kottiyam to grant protection to her. If the petitioner apprehends any threat from the part of the 3rd respondent, she may alert the Sub Inspector of Police, Kottiyam. In that event, the Sub Inspector of Police, Kottiyam shall take necessary steps to give protection to the petitioner as directed by the 2nd respondent. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE M.C.HARI RANI, JUDGE. bkn/-