IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 22401 of 2008(P) -------------------------- PETITIONER: ------------ BLESSY, D/O.LATE ABRAHAM PARAVILA PUTHEN VEEDU NALLILA PO., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. DISTRICT SUPERINTENDENT OF POLICE KOLLAM DISTRICT, KOLLAM 2. SUB INSPECTOR OF POLICE KUNDARA POLICE STATION KOLLAM 3. K.K.MATHEW, JIJOBHAVAN, ALAYAMON PO., ANCHAL, KOLLAM DISTRICT. 4. ANNAMMA MATHEW, JIJOBHAVAN, ALAYAMON P.O., ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.BIMAL K.NATH FOR R3,4 SRI.S.JAMAL FOR R3,4 SRI.E.M.SUNIL KUMAR FOR R3,4 SMT.SMITHA DIVAKARAN FOR R3,4 SR. GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 22401/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - A TRUE PHOTO COPY OF THE COMPLAINT IN CMP NO.6305/2008 DATED 14.7.2008. EXT.P2 - TRUE PHOTO COPY OF THE PETITION DATED 18.07.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 22401 OF 2008-P ----------------------------------------- Dated 7th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is a Nurse, working in a private hospital. The respondents 3 and 4 are her father-in-law and mother-in-law respectively. Her marriage with the son of respondents 3 and 4 was solemnized in 2003. A child is born in that wedlock. The petitioner submits, her husband and in-laws were incessantly harassing her, demanding more dowry and in 2006 she was compelled to make an attempt to commit suicide also. Because of the threat and harassment from the part of respondents 3 and 4, she ran away from her matrimonial home and at present she is residing with her aged and ailing mother. On 8.7.2008 there was an attempt to kill her by respondents 3 and 4. It was on that day she escaped from the matrimonial home and started residing with her mother. On the basis WPC 22401/2008 2 of the petition filed by the petitioner before the Magistrate's Court, which was forwarded to the police, a crime has been registered against the party respondents under Section 498A of the I.P.C. Later, on 16.7.2008, the 3rd respondent came to her residence along with some musclemen and tried to take the child by force. Since the local people, hearing her cries, came to the scene, the assailants made their escape. Later, she filed Ext.P2 petition before the police, seeking necessary protection to her life and that of her child. Alleging that the police did not take any action, this Writ Petition is filed. 2. The learned Government Pleader, upon instructions, submitted that on receipt of the petition from the petitioner, respondents 3 and 4 were called to the Police Station and strictly warned. At present, they are not creating any problem. 3. The respondents 3 and 4 have filed a counter affidavit, denying the allegations of the petitioner. They say, no such incident as alleged by the petitioner took place on 8.7.2008 or on 16.7.2008. It is also submitted that they have no intention, whatsoever, to go to the petitioner's residence or her work place or to harass her. They do not WPC 22401/2008 3 propose to take the child by force. If they require the custody of the child, they will move the appropriate court for the same, it is submitted. The Writ Petition is disposed of, recording the above submissions made on behalf of respondents 3 and 4. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/