IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 15769 of 2011(U) -------------------------- PETITIONER: --------------- MAHESWARY N.M., W/O.SURESH, AGED 32 YEARS, ARYA BHAVAN, PARIYARAM P.O., CHAKKAMCHIRA, PUTHUPALLY, KOTTAYAM DISTRICT, PIN 686021. BY ADVS. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SMT.M.K.SHIMI SRI.SREEVALSAN.V RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 2. SUB INSPECTOR OF POLICE, VAKATHANAM POLICE STATION. 3. GEETHA, AGED 33 YEARS, D/O.SAROJINI, KULATHUMVALIL HOUSE, ERAVIPEROOR P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT, NOW RESIDING AT ABHIRAM BHAVAN, ERAVIPEROOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN 689 542. 4. GOPALAN, KULATHUMVALIL HOUSE, ERAVIPEROOR P.O.,THIRUVALLA,PATHANAMTHITTA DIST., NOW RESIDING AT ABHIRAM BHAVAN, ERAVIPEROOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN 689 542. 5. SAROJINI,KULATHUMVALIL HOUSE, ERAVIPEROOR P.O.,THIRUVALLA,PATHANAMTHITTA DIST., NOW RESIDING AT ABHIRAM BHAVAN, ERAVIPEROOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN 689 542. R5 BY ADVS. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.JENNIS STEPHEN R1 TO R2 BY GOVT. PLEADER SMT. C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15769 /2011 APPENDIX PETITIONR'S EXHIBITS: EXT.P1 : COPY OF DEWASWOM BOARD CERTIFICATE DATED 14.05.2006. EXT.P2 : COPY OF THE JUDGMENT DATED 28.02.2004. EXT.P3 : COPY OF THE AGREEMENT DATED 24.12.2004 EXT.P4 : COPY OF THE POSTAL RECEIPTS. EXT.P5 : COPY OF MEDICAL CERTIFICATE DATED 28.03.2011 EXT.P6 : COPY OF THE COMPLAINT DATED 29.01.2010 EXT.P7 : COPY OF THE COMPLAINT DATED 08.06.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.15769 of 2011-U ***************************** Dated this the 22nd day of June, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 – police officials, to afford protection to the petitioner against apprehended illegal, contumacious and culpable conduct on the part of respondents 3 to 5. 2. According to the petitioner, the 3rd respondent is the former wife of her present husband. Respondents 4 and 5 are the parents of the 3rd respondent. Legal divorce has been secured by her husband from the 3rd respondent and it is only thereafter that the petitioner had got married to her husband. All disputes between the 3rd respondent and her former husband has been settled amicably. Respondents 3 to 5 are unnecessarily vexing and harassing the petitioner. They are not entitled to indulge in any such contumacious, culpable or violent acts. It is, in these circumstances, that the petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India. W.P(C) No.15769 of 2011-U 2 3. Respondents 3 to 5 have entered appearance. The learned counsel for respondents 3 to 5 submits that the allegations raised are all false and incorrect. The 3rd respondent has not indulged in any contumacious conduct as alleged. It is true that the 3rd respondent has filed a petition for enhancement of maintenance against her former husband, ie. the husband of the petitioner herein. M.C.No.269 of 2010 is pending before the Family Court, Thiruvalla and the same stands posted to 14.07.2011. The petitioner's husband has not been receiving notice and appearing before the Family Court. The matter is being dragged on unnecessarily. Enquiries have been made about the husband of the petitioner by respondents 3 to 5. This is being misdescribed as contumacious and culpable acts on the part of respondents 3 to 5. The anxiety of respondents 3 to 5 is only to ensure that the husband of the petitioner enters appearance before the Family Court, Thiruvalla by the next date of posting, ie. 14.07.2011. 4. The learned counsel for the petitioner submits that the petitioner's husband hereby takes notice of the pendency of the proceedings before the Family Court, Thiruvalla in M.C.No.269 of 2010 and of the posting of the case to 14.07.2011. For this purpose, it is unnecessary for respondents 3 to 5 to W.P(C) No.15769 of 2011-U 3 make any further enquiries or visit to the petitioner's house. These submissions may be recorded and appropriate directions may be issued, prays the learned counsel for respondents 3 to 5. The learned Government Pleader after taking instructions from respondents 1 and 2 submits that in the perception of the police officials, there is no threat to the life or person of the petitioner. If there be any such threat, the petitioner can complain and thereupon necessary action shall be taken by respondents 1 and 2. It is not necessary to issue any specific directions now, submits the learned Government Pleader. 5. We accept the submissions of the learned Government Pleader. We do not also perceive any threat to the life or person of the petitioner. 6. Accepting the submissions of the learned Government Pleader, this Writ Petition is dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/