IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22143 of 2011(P) ---------------------------------- PETITIONER(S): ------------------- ABDUL RAHIMAN, AGED 70 YEARS S/O.PARIYAKUTTY, KOMATHUPARAMBIL (H) VAVULLIYAPURAM, AMSOM DESOM,ALATHUR TALUK. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.RAFEEK. V.K. SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, HOME DEPARTMENT, GOVT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE CIRCLE INSPECTOR OF POLICE ALATHUR POLICE STATION, ALATHUR 678 541. 3. SEENATH,D/O. VAHABURAWTHER CHIMBUKAD VADUKANPARAMBI (H) KOOTHANOOR AMSOM DESOM,ALATHUR TALUK 678 541. R1 & R2 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22143/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SUIT O.S. NO.113/2011 ALONG WITH INJUNCTION ORDER DATED 14/06/2011. P2: COPY OF THE TALAQ NOTICE DATED 20/06/2011. P3: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, ALATHUR DATED 03/06/2011. P4: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, ALATHUR DATED 23/07/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.22143 of 2011 ------------------------------- Dated this the 19th day of August, 2011. J U D G M E N T C.K.ABDUL REHIM, J. The petitioner is a senior citizen. It is stated that he is residing alongwith his wife in the address shown in the writ petition. The 3rd respondent is the wife of the son of the petitioner. The son of the petitioner is working in gulf countries. It is alleged that the 3rd respondent started misbehaving and harassing the petitioner and his wife, by using abusive and filthy languages and making the life of the petitioner and his wife miserable. It is alleged that the 3rd respondent alongwith her relatives and accomplices came to the house of the petitioner and threatened them. She has tried to evict the petitioner and his wife from the house. However, it is conceded that the petitioner had filed a civil suit before the Munsiff’s court, Alathur, seeking temporary injunction restraining the 3rd respondent from 2 W.P.(C) No.22143 of 2011 taking any steps for evicting the petitioner or his wife from the property. It is also averred that the son of the petitioner had divorced the 3rd respondent by sending notice as evidenced from Ext.P2. But the 3rd respondent alongwith one of her relatives, who is working in the Police Department came to the house of the petitioner and started causing damage to the house. Eventhough the petitioner submitted Exts.P3 and P4 complaints before the police authorities narrating the above attitude of the 3rd respondent, the police is not taking any steps and is not affording protection to the petitioner. The writ petition is filed on the basis of the above complaints seeking police protection. 2. When the matter came up for admission on 16.8.2011, the learned Government Pleader was directed to get immediate instructions from the 2nd respondent as to what action was taken on Ext.P3 and also regarding correctness of the averments and accusations contained in 3 W.P.(C) No.22143 of 2011 the writ petition. It is submitted by Smt.C.M.Charisma, learned Government Pleader that the 3rd respondent had obtained a residence order under provisions of the Protection of Women from Domestic Violence Act, 2005 and it is only when the petitioner resisted in permitting the 3rd respondent to reside in the house that the police authorities intervened for implementation of the order. It is also submitted that no complaint as per Ext.P4 was received by the 2nd respondent. Learned Government Pleader further submitted that if any complaint is received regarding any threat to the life and person of the petitioner or his wife, from the side of the 3rd respondent or any of her relatives, appropriate enquiry will be conducted and action if necessary will be taken. 3. Sri.Saijo Hassan learned counsel for the petitioner submitted that the petitioner has got an order of temporary injunction in Ext.P1 suit, restraining the 3rd respondent from forcibly evicting the petitioner and his wife from the house 4 W.P.(C) No.22143 of 2011 in question. 4. From the facts and circumstances it is evident that, the 3rd respondent is residing in the house of the petitioner on the strength of an order passed by the Magistrate court under the provisions of the Protection of Women from Domestic Violence Act, 2005. Therefore, we are of the opinion that the 3rd respondent is entitled to reside in the house of the petitioner. At the same time, we notice that the petitioner has got an order of temporary injunction restraining the 3rd respondent from taking any steps for forceful eviction of the petitioner or his wife. 5. Under such situation, it is necessary that both the parties should be permitted to reside in the house in a peaceful manner. If any complaint is received by the 2nd respondent with respect to any threat to the life or person of the petitioner or his wife caused either from the side of the 3rd respondent or from any of her relatives or henchmen, the 2nd respondent shall take effective steps to avert such threat 5 W.P.(C) No.22143 of 2011 and harassment. Necessary steps shall be taken to provide protection, if it is noticed that there is any threat to the life of the petitioner or his wife. The writ petition is disposed of with the above directions. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/