IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 26993 of 2011(Y) -------------------------- PETITIONER(S): --------------- NISHA RAJESH, W/O.RAJESH, 36 YEARS 'KRISHNA KRIPA', JANATHA ROAD, ALUVA. BY ADV. SMT.K.R.DEEPA RESPONDENT(S): --------------- 1. NISHANTH BHASKARAN, AMBATTU HOUSE, PERUMBAVOOR PO, KARATTUPALLIKKARA-683542. 2. AMBILY NISHANTH, W/O. NISHANTH BHASKARAN AMBATTU HOUSE, PERUMBAVOOR PO, KARATTUPALLIKKARA- 683542 3. VALSAMMA BHASKARAN, W/O. V. BHASKARAN AMBATTU HOUSE, PERUMBAVOOR PO, KARATTUPALLIKKARA- 683542 4. SUB INSPECTOR OF POILCE, ALUVA, 683 101 5. SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL) ERNAKULAM 682 031. 6. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN 695 001. GOVT.PLEADER SRI.DINESH MATHEW MANJOORAN FOR R4-6 ADV. SRI.J.JULIAN XAVIER FOR R1 TO 3 SRI.FIROZ K.ROBIN FOR R1 - 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.26993 of 2011 ------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T ---------------------- Abdul Rehim, J. This Writ Petition is filed seeking direction to respondents 4 to 6 to provide police protection to the lives of the petitioner and her children. Petitioner inter alia seeks direction to respondents 4 to 6 to take appropriate actions on the basis of the complaint submitted and criminal case filed by her. 2. The brief facts narrated in the Writ Petition are as follows:- Petitioner is living with her two children, aged 11 and 7 years respectively, who were studying in 'Christava Mahilalayam Public School' near Aluva. The petitioner's husband who is an Advocate by profession, had deserted her for long time and a case for divorce is pending disposal before the Family Court, Ernakulam. It is stated that the petitioner and her children are residing in a rented house along with one of her cousin sisters. Allegation is that on 07/10/11 the respondents 1 to 3, who are the petitioner's brother, sister-in-law and mother respectively, came to her house and attempted to take herself and her children to the parental house at Perumbavoor. It is alleged that the 1st respondent also demanded to effect transfer of a property having 11 cents and a residential building to his name and they told that they are W.P.(C).26993/11 -2- intending to take the petitioner to a Mental Hospital. When the petitioner resisted such attempts, the 1st respondent assaulted her. It is stated that on the next day the respondents 1 to 3 took her to a Psychiatrist at a hospital at Ernakulam, where she was detected to have no mental disorder. It is further stated that the respondents 1 to 3 are compelling her to withdraw from the divorce petition. It is stated that Ext.P1 criminal case was registered on the basis of complaint of the petitioner about the incident. It is alleged that eventhough the petitioner had submitted Ext.P2 petition before the 5th respondent seeking protection to her life, no possible steps have been taken. Hence this writ petition is filed. 3. In the counter affidavit filed on behalf of respondents 1 to 3 it is stated that, the petitioner while doing her Law graduation, fell in love with one Sri.Rajesh hailing from Mundakkayam and due to her compulsion the family members have agreed for the marriage. Thereafter the petitioner and her husband started practice as lawyers at Ponkunnam and two children were born out of the wedlock. According to the respondents, the petitioner developed psychiatric problems after the birth of the 2nd child and she started manhandling her husband and his family members. The petitioner's husband took her for psychiatric consultation and the matter was intimated to W.P.(C).26993/11 -3- the respondents 1 to 3. Thereafter the petitioner was taken to her parental house at Perumbavoor and she was taken for ayurvedic treatment.The petitioner's father purchased certain immovable property in the name of the petitioner and the writ petitioner and her husband started residence in that property. Thereafter the husband of the petitioner went abroad in search of a job and the petitioner joined for pursuing her studies for MBA course at Marthoma College at Perumbavoor. After some time she got an employment in a private firm at Aluva. Accordingly the petitioner shifted her residence to a rented house at Aluva. It is alleged that she took the decision to start independent residence by her own. But due to the estrangement her husband left to his native place. Eventhough mediations were attempted for reunion, it was not possible. The writ petitioner began to show mental abnormalities and used to spend heavily on purchase of dress materials and ornaments and started to lead a luxurious life. The writ petitioner also resigned her job and started to lead a wandering life. During June 2007 it is learnt that the petitioner had started business of her own in the field of educational consultancy and it is further learnt that the petitioner had pledged all her valuable ornaments. According to the respondents it is only after realising that the petitioner is suffering from serous mental problems, they tried W.P.(C).26993/11 -4- to contact the petitioner and to take back her to the parental house. But the petitioner had stiffly resisted and this writ petition is filed as a retaliation of such attempts made. 4. Sum and substance of contentions raised by respondents 1 to 3 is to the effect that the petitioner is suffering from serious mental abnormalities and she need urgent treatment through proper psychiatric consultation. Learned counsel for respondents 1 to 3 contended that if any order of police protection is granted, that will prevent the respondents from taking the petitioner for proper treatment. 5. Learned Government Pleader appearing on behalf of respondents 4 to 6 submitted that on the basis of the complaint received, crime No.2884/11 was registered at Aluva police station against the party respondents, for offences punishable under Sections 341, 323, 324, 506(2) and 34 IPC. The said case is under investigation. It is further stated that enquiry revealed that the petitioner is living along with her children in a rented house and her relationship with respondents 1 to 3 is not at all cordial. However, it is mentioned that if there is any threat to the life of the petitioner, adequate protection will be granted. 6. From the facts and circumstances narrated we realise that the petitioner is having strained marital relationship and cases for divorce and recovery of property filed before the W.P.(C).26993/11 -5- Family Court, Ernakulam, as O.S.Nos.972/11 and 973/11 are pending. The accusations in this writ petition are against her own family members. The substance of the allegation are mainly to the effect that the respondents 1 to 3 are resisting the petitioner from leading an independent life along with her children. On the other hand, allegations of respondents 1 to 3 are to the effect that the petitioner is having serious mental abnormalities which need urgent treatment. 7. In this jurisdiction under Article 226, while dealing with a petition seeking police protection, we are not in a position to adjudicate the disputed issues. It is left open to the respondents to seek appropriate remedy under the relevant statutes. Since the matrimonial disputes are pending before the Family court, that court can explore possibility of re-union of the spouses. Regarding the aspect of mental illness also, the said court can take appropriate verification and further steps if it is proved that the petitioner is mentally incapacitated. 8. However, we are of the opinion that the lives of the petitioner and her children need be protected from any sort of assault either from respondents 1 to 3 or from any others including strangers. Therefore we direct the 4th respondent to have a constant vigil over the situation and to take effective steps, if it is revealed that there is any threat to the lives of the W.P.(C).26993/11 -6- petitioner and her children. 9. We make it clear that the above direction will not stand in the way of the competent court or any other appropriate authority taking decisions with respect to the issues pertaining to the matrimonial disputes as well as to the issues relating to the alleged mental illness of the petitioner. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb