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 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 17753 of 2008(L) -------------------------- PETITIONER(S): --------------- JYOTHI.A., AGED 42 YEARS, W/O.JAYASANKAR, AMBADI HOUSE, AYYANTHOL, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE, THRISSUR TOWN WEST POLICE STATION. 3. JAYASANKAR.C, S/O.VENUGOPALAN, MEPPARAMBIL WARAIYAM, NEAR CHITTOOR MANA, BHAGAVATHY TEMPLE ROAD, THAYAMKULANGARA, CHERPU, THRISSUR DISTRICT. ADV. SRI.RENJITH B.MARAR FOR R3 SRI.L.RAJESH NARAYAN FOR R3 SR. GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 17753/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE AGREEMENT DATED 7.7.2007 EXT.P2 - TRUE COPY OF THE PETITION AND AFFIDAVIT DATED 9.7.2007 FILED UNDER SECTION 13(B) OF THE HINDU MARRIAGE ACT BY THE PETITIONER AND THE 3RD RESPONDENT. EXT.P3 - TRUE COPY OF THE REPRESENTATION DATED 11.6.08 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXTS. EXT.R3A – TRUE COPY OF THE CERTIFIED COPY OF THE DEED NO.4286/I/2007 OF THE THRISSUR SUB REGISTRY EXT.R3B – TRUE COPY OF THE CANCELLATION DEED DATED 30.7.2007. EXT.R3C - TRUE COPY OF THE APPLICATION AS I.A.NO.3762/07 IN OP NO.955/07 ON THE FILES OF THE FAMILY COURT, THRISSUR. EXT.R3D – TRUE COPY OF THE COMPLAINT NUMBERED AS C.M.P. NO.5747/08 BEFORE THE CJM, THRISSUR. EXT.R3E – TRUE COPY OF THE ORIGINAL PETITION NO.767/08. EXT.R3F – TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE TOWN WEST POLICE STATION, THRISSUR. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 17753 OF 2008-L ----------------------------------------- Dated 21st October, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner and the 3rd respondent are wife and husband. This writ petition is filed by her, alleging that the 3rd respondent is threatening and harassing her. Therefore, she is not able to reside in the matrimonial home. She is conducting reikhi classes in the adjacent building owned by her. The same is also being interfered with by the 3rd respondent. So, Ext.P3 representation was filed before the police, seeking protection to the lives and properties of the petitioner and her children. Thereafter, this writ petition is filed, seeking appropriate reliefs. 2. The 3rd respondent has filed a counter affidavit, denying all the allegations against him. He submitted that he has no intention, whatsoever, to physically harm or harass the petitioner. There is no threat to her life from his part. WPC 17753/08 2 3. The learned Government Pleader, upon instructions, submitted that this is a marital dispute. There is some difference of opinion between the husband and the wife. The police have no role to play in it and police protection is not warranted in this case, it is submitted. 4. Having regard to the facts of the case, if the petitioner is harassed by the 3rd respondent, she has remedies under the Protection of Women from Domestic Violence Act, 2005. Under Section 12 of the said Act, the petitioner can move the learned Judicial Magistrate concerned and seek appropriate reliefs. We are not satisfied from the pleadings and materials in this writ petition that this Court should direct the police to grant protection to the petitioner. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and her right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/ WPC 17753/08 3