IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 38056 of 2010(F) -------------------------- PETITIONER: --------------- N.PRIYANKA, D/O.JAYAPRAKASH, MURIYANVILAKATH VEEDU, VAYAYKALATH MURI, KULATHOOR, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM-695001 3. B.SHIBI, S/O.BHUVANACHANDRAN, PUTHENVEEDU, KULATHOOR.P.O., THIRUVANANTHAPURAM-695 002. 4. LATHA., D/O.BHUVANACHANDRAN, DO.. DO.. DO.. 695 002. 5. NISHA, DO.. DO.. DO.. 695 002. 6. RAJEEV, S/O.BHUVANACHANDRAN, DO.. DO.. DO.. 695 002. GOVERNMENT PLEADER SHRI T.K.VIPINDAS ADV. SRI.M.SREEKUMAR FOR R4 TO R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT. /TRUE COPY/ R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.38056 of 2010 ***************************** Dated this the 4th day of January, 2011 JUDGMENT BASANT, J. Petitioner is the wife of the 3rd respondent. Respondents 4 to 6 are the mother in law, brother in law and sister in law of the petitioner. There is a strained relationship between the petitioner and the 3rd respondent. A child, aged 8 months born in the wedlock, is now in the custody of the petitioner. 2. According to the petitioner, she apprehends danger to her life and person from respondents 3 to 6. She apprehends that the child may be attempted to be snatched away from her. She apprehends that violence may be resorted to by respondents 3 to 6 against the petitioner, her child and her relatives. In these circumstances, it is prayed that appropriate directions may be issued to respondents 1 and 2 to provide protection to the petitioner and her relatives. 3. Notice was ordered to the respondents. Respondents 3 to 6 have been served. Respondents 4 to 6 have entered appearance through counsel. Respondents 1 and 2 are represented by the learned Government Pleader. An interim W.P(C) No.38056 of 2010 2 order was issued on 21.12.2010 directing the 2nd respondent to give protection to the life of the petitioner, her child and her parents. The learned Government Pleader submits that a crime has been registered against the 3rd respondent. He has been arrested and enlarged on bail now. The learned counsel for respondents 4 to 6 submits that respondents 4 to 6 shall not indulge in and had not indulged in any contumacious or culpable criminal conduct against the petitioner, her child and her parents. 4. Admittedly since the child is now in the custody of the petitioner, her right to keep the child in her custody until otherwise ordered by the Court concerned can certainly be protected. Respondents 1 and 2 must certainly ensure that the petitioner and her relatives are not subjected to any contumacious culpable acts on the part of respondents 3 to 6. The learned Government Pleader undertakes that the same shall be done by respondents 1 and 2. If the petitioner has any grievance against respondents 3 to 6, she can lodge a complaint before the local police officials, whereupon the needful shall be done to protect the interest of the petitioner, her parents and her child, submits the learned Government Pleader. W.P(C) No.38056 of 2010 3 5. We are satisfied, in these circumstances, that no further directions are necessary. The submission of the learned Government Pleader and the submission of the learned counsel for respondents 4 to 6 are accepted. This Writ Petition is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/