IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 25503 of 2011(K) -------------------------- PETITIONER(S): --------------- MOHAMMED NAUSHAD, AGED 39 YEARS, S/O.P.N.SUBAIR, ANAKUZHY VEEDU, PATHIRIKKAL P.O., PATHANAPURAM VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.C.R.SIVAKUMAR SMT.C.B.BHAGYALEKSHMY SRI.N.S.SUJITH KUMAR SMT.SAJITHA P.SOMAN RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM DISTRICT, PIN-695001. 2. THE SUPERINTENDENT OF POLICE(RURAL), OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA, KOLLAM DISTRICT, PIN-691001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM DISTRICT, PIN-691001. 4. THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT, PIN-689695. 5. SULPHI @ SHYLAJA, D/O.ADIMA RAWTHER, ANAKKUZHI VEEDU, PATHANAPURAM P.O., KOLLAM DISTRICT, PIN-689695. GOVT.PLEADER SMT.C.M.CHARISMA FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.25503 of 2011 ------------------------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T ---------------------- Abdul Rehim, J. Petitioner is seeking direction to the extent of restraining the 3rd respondent from causing harassment to him in any manner, on the basis of influence exerted by the 5th respondent. The 5th respondent is the wife of the petitioner. According to the petitioner, he had divorced her on 25.5.2011, and thereafter he had no connection with her. It is stated that the petitioner is residing along with another lady, Beena Hassan. It is complained that the 3rd respondent had threatened the petitioner compelling to reside with the 5th respondent and it is threatened that if he fails, he will be implicated as accused in various criminal cases. With respect to the alleged harassment, the petitioner submitted complaints before the respondents 1 and 2 as per Ext.P2. Since no action is taken, this writ petition is filed. 2. When the matter came up for consideration, we directed the Government Pleader to get instructions from respondents 3 and 4 with respect to the accusations made. Smt.C.M.Charisma, learned Government Pleader submitted that, a complaint was received against the petitioner from the 5th respondent alleging desertion and non-maintenance of herself W.P.(C).25503/11 -2- and her children. It is on the basis of the said complaint that an enquiry was conducted and the petitioner was summoned. The parties were advised to settle the matter amicably, or to approach the competent forum. Apart from the enquiry conducted on the basis of the above said complaint the petitioner was not harassed in any manner and that the presence of the petitioner is not required any further in connection with any criminal case registered against him, is the submission. 3. We record the submissions made on behalf of respondents 3 & 4 and dispose of the writ petition refusing to grant any specific directions. It is made clear that if presence of the petitioner is required in future for any purpose of enquiry or investigation, the respondents 3 or 4 shall issue notice as contemplated under Section 160 of the Code of Criminal Procedure. It is made clear that the 5th respondent will be at liberty to approach the competent court for reliefs in connection with the matrimonial disputes. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb