IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WP(C).No. 76 of 2011(H) ---------------------------------- PETITIONER(S): ----------------------- ANGEL MERY, AGED 26 YEARS, D/O.JESSENTHA THOPPIL HOUSE, KADAKAM P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.RAJESH. K.RAJU SRI.INNOCENT FRANCIS PAPLI RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, (DY.S.P.), ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN-695 101. 3. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, PIN-695 304. 4. JAMES CRACIYAN, AGED 46 YEARS, S/O.CRACIYAN, KOOTIL VEEDU, THEKKEVILA, KADAKAM P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, PIN-695 304. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 76 of 2011-H ------------------------------------------------- Dated this the 12th day of January, 2011 JUDGMENT Basant,J. The petitioner has come to this Court with this petition under Art.226 of the Constitution to issue directions to respondents 1 to 3 to afford police protection for her against the culpable, contumacious and violent conduct of her husband, the 4th respondent. 2. According to the petitioner, she has a strained relationship with her husband, the 4th respondent. She has already approached the Family Court with a petition for divorce. The same is pending before the Family Court. The petitioner complains that the 4th respondent is compelling her to withdraw the proceedings before the Family Court. It is, in these circumstances, that the petitioner has come to this Court with W.P.(C) No. 76 of 2011 -: 2 :- this petition. 3. Notice was given to the learned Government Pleader who appeared for respondents 1 to 3. The learned Government Pleader was directed to take instructions. 4. The learned Government Pleader, after taking instructions, confirms that Ext.P1 complaint has been received by the 3rd respondent. Enquiry reveals that the 4th respondent is employed at Mumbai and is residing there permanently. A child is born in the wed-lock and the child is with the 4th respondent, reports the learned Government Pleader. According to the learned Government Pleader, in the perception of respondents 1 to 3, there is absolutely no threat against the petitioner from the 4th respondent. The parties are already before the Family Court. The 4th respondent is employed at Mumbai. He is residing there along with the child born in the wed-lock. He has undertaken before the police that he shall not come to Kerala; nor shall he in any way interfere with the due prosecution of the divorce petition preferred by the petitioner which is pending before the Family Court. The learned Government Pleader, on behalf of respondents 1 to 3, undertakes that if there be any illegal obstruction/conduct on the part of the 4th respondent, the petitioner can complain to the police officials concerned and W.P.(C) No. 76 of 2011 -: 3 :- necessary legal action to afford protection to the petitioner shall promptly be taken by respondents 1 to 3. 5. We accept the submission of the learned Government Pleader. We are satisfied, in these circumstances, that no further specific directions deserve to be issued. 6. We record the submission of the learned Government Pleader that adequate police protection shall be given to the petitioner if the 4th respondent indulges in any culpable conduct as alleged. If he interferes with the due prosecution of O.P.No.1488/10 filed by the petitioner before the Family Court claiming divorce, necessary action shall be taken. 7. Recording the above submissions, this petition is allowed in part to the above extent. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge