IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 2274 of 2010(H) ------------------------- PETITIONER(S): --------------- JOSE.K.P,AGED 56 YEARS, S/O.KURUTHUKULANGARA HOUSE, KANDASSAN KADAVU,THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, THRISSUR. 2. CIRCLE INSPECTOR OF POLICE, TOWN WEST POLICE STATION,THRISSUR. 3. SUB INSPECTOR OF POLICE,ANTHIKKAD POLICE STATION. 4. ALPHONSA,W/O.K.P.JOSE,KURUTHUKULANGARA HOUSE,KANDASSAN KADAVU,THRISSUR. 5. JEROME JOSEPH,S/O.K.P.JOSE, KURUTHUKULANGARA HOUSE,KANDASSAN KADAVU, THRISSUR. R1 TO R3 BY GOVERNMENT PLEADER SHRI.T.K. VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE PETITION FILED BEFORE THE DISTRICT PROBATION OFFICER DT. 1.7.2009. EXT.P2 TRUE COPY OF PETITION PRESENTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, THRISSUR, AS PER SECTION 12 OF THE DOMESTIC VIOLENCE ACT DT. 1.7.2009. EXT.P3 TRUE COPY OF COUNTER IN M.C. 80/2009 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, THRISSUR. EXT.P4 TRUE COPY OF PETITION DT. 9.12.09 FILED BEFORE THE 1ST RESPONDENT. EXT.P5 TRUE COPY OF COMPLAINT DT.11.12.09 FILED BEFORE 2ND RESPONDENT. EXT.P6 TRUE COPY OF REPRESENTATION DT. 30.12.09 FILED BEFORE THE FIRST RESPONDENT. /TRUE COPY/ K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 2274 of 2010 H - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2010 JUDGMENT Joseph, J. The petitioner seeks protection for his life. 4th respondent is the wife and 5th respondent is the son of the petitioner. 2. Briefly the case of the petitioner is as follows. The 5th respondent, from his college days, started misbehaving and showing lack of respect to the 4th respondent and the petitioner. Realising that the 4th respondent is not able to bring up the 5th respondent properly, he returned from Gulf. 4th respondent used to give money to the 5th respondent as and when demanded. The 4th respondent was having illicit relationship with another person. Knowing this, the 5th respondent has been blackmailing the 4th respondent. The 5th respondent exerted pressure on the 4th W.P.(C).No. 2274 of 2010 2 respondent to file petition under the Domestic Violence Act against the petitioner. Ext.P1 is the petition filed before the District Probation Officer. Ext.P2 is the petition under Section 12 of the Domestic Violence Act. Petitioner filed Ext.P3. It is stated that respondents 4 and 5 subjected the petitioner to cruelty. He filed Ext.P4 complaint before the first respondent. It is stated that respondents 4 and 5 trespassed into the flour mill, where the petitioner is residing and caused damage to the articles kept inside the flour mill. The petitioner filed Ext.P5 complaint before the second respondent and Ext.P6 representation before the first respondent. 3. Heard learned counsel for the petitioner and the learned Government Pleader. Though served, there is no appearance for respondents 4 and 5. 4. Learned counsel for the petitioner seeks protection for the petitioner to reside in his house. Learned Government Pleader submits that there are disputes between the parties. He would also submit that W.P.(C).No. 2274 of 2010 3 the petitioner has some psychological problems, as is discernible from Ext.P2. We think that the petitioner should be relegated to appropriate competent forum. 5. Accordingly we dispose of this Writ Petition relegating the petitioner to pursue his remedy before appropriate forum/court. We make it clear that the police will not interfere in the disputes between the petitioner and respondents 4 and 5 unless there is a direction given by a Court or a Forum or such interference is necessary in connection with the investigation of a cognizable offence. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm