IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 17424 of 2011(C) ---------------------------------------- PETITIONER(S): ----------------------- ALEYAMMA VARGHESE, AGED 55 YEARS, W/O.V.V. VARGHESE, RESIDING AT VELLARA HOUSE, MOSCO JUNCTION, CHEENIKUKUZHY P.O., PARAMPUZHA, KOTTAYAM DISTRICT. BY ADV. SRI.T.O.XAVIER RESPONDENT(S): -------------------------- 1. V. VARGHESE, ELAMPALLY VEETILL, NEAR SOORYA JUNCTION, KARIPPUTHATTUKARA, ARPOOKARA P.O., KOTTAYAM DISTRICT. 2. SUB INSPECTOR OF POLICE, MANACUAD POLICE STATION, KOTTAYAM DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST. 4. SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT. R1 BY ADV. SRI.JAMES KURIAN. R2 TO R4 BY GOVT. PLEADER SMT.C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 17424 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PETITION DATED 21/06/2011 SENT TO THE 4TH RESPONDENT COPY TO RESPONDENT NO.2 & 3. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE O.P. NO. 763/2011 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR ON 21/06/2011. EXT.R1(b): COPY OF THE INJUNCTION PETITION WITH AFFIDAVIT DATED 21/06/2011. //TRUE COPY// P.A. TO JUDGE rs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.17424 of 2011 ------------------------------- Dated this the 12th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition filed under Article 226 is filed by the petitioner wife seeking directions to the police for affording police protection for the life of the petitioner against the illegal action of the 1st respondent her husband. A counter affidavit has been filed by the 1st respondent and para 11 of which is stated as follows :- “This respondent is not at all intended to cause any difficulty to the petitioner except against the sale of the property through the process of law only. The respondent will not cause any physical action against her. All such allegations are to alienate the respondent from the family house. He is doing his entire business from the family house.” 2. When the above counter affidavit was filed by the 1st respondent, the petitioner has filed a reply affidavit reiterating the averments in the writ petition. Today when the case came up for hearing, it was submitted by 2 W.P.(C) No.17424 of 2011 Sri.T.O.Xavier, learned counsel appearing for the petitioner that it will suffice to record para 11 of the counter affidavit filed by the 1st respondent and dispose of the writ petition on that basis. 3. Under the above circumstances, we record the above submission and para 11 of the counter affidavit filed by the 1st petitioner extracted above and we dispose of the writ petition. If the above undertaking is violated, the petitioner will be free to approach the police concerned. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/