IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 OP.No. 1977 of 1998(I) ------------------------------- PETITIONER: ------------------- DR. A.D. SREEKUMAR, ASSISTANT SURGEON, ANANDANKERIL, T.V. PURAM.P.O, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.PHILIP M.PRASAD RESPONDENTS: ----------------------- 1. THE KERALA WOMEN'S COMMISSION, NOTICE TO WHICH MAY BE SERVED ON ITS SECRETARY, ELANKOM GARDENS, VELLAYAMBALAM, TRIVANDRUM. 2. DIRECTOR, KERALA WOMEN'S COMMISSION, ELANKOM GARDENS, VELLAYAMBALAM, TRIVANDRUM. 3. SMT. PEARLY KARUN, `PRATHEEKSHA', 164, GANDHI NAGAR, COTTON HILL P.O., TRIVANDRUM. 4. CIRCLE INSPECTOR OF POLICE, VAIKOM, KOTTAYAM DISTRICT. R4 BY GOVERNMENT PLEADER, R3 BY ADV. SMT.T.N.GIRIJA, ADV. SMT.T.A.ASHA FOR R1 BY ADV. SMT.V.P.SEEMANDINI (SR.). THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 1977/1998-I: ORDER ON C.M.P. NO. 3500/1998 IN O.P. NO. 1977/1998-I CLOSED 03/12/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SUB COURT, KOTTAYAM. EXT.P.2: COPY OF THE PETITION FILED BY THE R.3. BEFORE THE SUB COURT, KOTTAYAM. EXT.P.2.A: COPY OF THE AFFIDAVIT FILED BY THE R.3. BEFORE THE SUB COURT, KOTTAYAM. EXT.P.3 & P.3.(A): COPY OF THE COMPLAINT FILED BY THE R.3. BEFORE THE R.1. WITH ACCOMPANYING LETTER. EXT.P.4: COPY OF THE LETTER NO. 42/12987/97 KWC DT. 27/12/97 FROM THE R.1. EXT.P.5: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.5.A: COPY OF THE AFFIDAVIT FILED BY THE PETITONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.1977/1998-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of December, 2008. J U D G M E N T This original petition is filed challenging the proceedings for prosecution initiated by the Kerala State Women's Commission through the second respondent on the basis of the complaint filed by the third respondent/wife. The petitioner and the third respondent are husband and wife. It is the case of the petitioner that their marriage had irretrievably broken because of the attitude of the wife and he had filed a petition seeking divorce before the competent court alleging desertion and cruelty. It is stated that several attempts for conciliation also were made. It is at that stage that the third respondent approached the Kerala Women's Commission raising certain allegations against the petitioner. Subsequently, the fourth respondent/Circle Inspector of Police was directed by the 2nd respondent by Ext.P4 letter dated 27/12/1997, to recommend prosecution against the petitioner. 2. If the petitioner is really aggrieved by the proceedings before the Commission, he will have to appear before the Commission and apprise the said forum about the non-maintainability of the proceedings because of the divorce petition already filed by him. No original of prohibition can be O.P.No.1977/1998 -:2:- granted as sought for in this original petition. Apart from that in I.A.No.3500/1998, even though interim stay was ordered that was not extended after 27/03/1998. In that view of the matter no further orders are required in this original petition. The same is accordingly, dismissed. (T.R. Ramachandran Nair, Judge.) ms O.P.No.1977/1998 -:3:- T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.1977/1998-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 3 r d D e c e m b e r , 2 0 0 8 .