IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 W.P(C).No. 21950 of 2008(K) -------------------------------------- PETITIONER: ----------------------- SUSHAMMA MADANAN, W/O.MADANAN 43 YEARS, MEPPARAMBIL HOUSE,PERUMALAPPADI, ELAMKUNNAPPUZHA PO., KOCHI-682503. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENTS : ------------------------- 1. CIRCLE INSPECTOR OF POLICE NJARAKKAL CIRCLE, NJARAKKAL PO., 2. S.I. OF POLICE , NJARAKKAL POLICE STATION, NJARAKKAL 3. BABU.M.K., S/O.KUNJUNNI, MEPPARAMBIL HOUSE, PERUMALPPADI ELAMKUNNAPPUZHA PO., KOCHI-682503.. ADV. SRI.A.X.VARGHESE- R3 SRI.A.V.JOJO – R3 SRI. BENJAMIN PAUL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 21950/2008 APPENDIX PETIITONER'S EXHIBITS: EXHIBIT P1 : TRUE PHOTOCOPY OF THE COMPLAINT PREFERRD BY THE PETITIOENR BEFORE WOMENS'S COMMISSION DATED 18/12/2007. EXHIBIT P2 : TRUE PHOTOCOPY OF THE COMPLAINT PREFERRD BY THE PETITIOENR BEFORE WOMEN'S COMMISSION DATED 25/03/2008. EXHIBIT P3 : TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23/03/2008. EXHIBIT P4 : TRUE PHOTOCOPY OF THE COMPLAINT DATED 18/07/2008 FILED BEFORE THE 1ST AND 2ND RESPONDENTS. EXHIBIT P5 : THE TRUE COPY OF THE REPORT FROM THE G H NJARAKKAL. EXHIBIT P6 : THE TRUE COPY OF THE DIAGNOSTICS REPORT FROM THE GOVERNMENT HOSPITAL, ERNAKULAM. EXHIBIT P6(a) : THE TRUE COPY OF THE DISCHARGE SHEET FROM THE GOVERNMENT HOSPITAL, ERNAKULAM. RESPONDENTS' EXHIBITS: EXHIBIT R3(a) : TRUE COPY OF THE WOUND CERTIFICATE ISSUED BY THE MALIPURAM GOVT. HOSPITAL DATED 19/08/2008. /TRUE COPY/ P.A. TO JUDGE scm K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.21950 OF 2008-K ----------------------------------------------------- DATED THIS THE 29th DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court seeking protection to her and her family members in the background of the alleged threat to their lives from the 3rd respondent who is none other than her husband's brother. He was in the habit of using filthy language against the petitioner wherever he meets her. One such incident happened in December, 2007, when she went to attend a family function in the house of her elder brother-in-law, Mr.Thankappan. 3rd respondent is her younger brother-in-law. Pointing out the misbehaviour from the part of the 3rd respondent, she filed Exhibit P1 petition before the the Kerala State Women's Commission, which was followed by Exhibit P2 dated 25.3.2008, before the very same authority. She also filed Exhibit P3 representation before the police pointing out the misbehaviour from the part of the 3rd respondent. When the harassment from the part of the 3rd respondent became intolerable, this Writ Petition was filed, seeking appropriate reliefs. 2. During the pendency of the Writ Petition, her husband returned and he was brutally manhandled by the 3rd respondent and he has been admitted in the hospital. The same is evident from Exhibits P5 W.P.(C)No.21950/08 -2- and P6 series documents. 3. The 3rd respondent has filed a counter affidavit denying all the allegations against him. According to him, he has never abused the petitioner and he has no intention whatsoever to abuse her in future also. He also submits that the petitioner's husband attacked him and the same is evident from Exhibit R3(a) accident-cum-wound certificate issued by the Medical Officer of the local Government Hospital. 4. The learned Government Pleader upon instructions submitted that complaints from the petitioner were received by the police. The 3rd respondent was summoned to the Police Station and strictly warned. If any further complaint is received against the 3rd respondent, appropriate action in accordance with law will be taken against him, it is submitted. 5. We record the submission of the 3rd respondent that he has not harassed the petitioner and he will never harass the petitioner in future. If this undertaking is violated, the petitioner may bring it to the notice of the 2nd respondent. In that event, the 2nd respondent shall render necessary protection to the petitioner and her family members and also take appropriate action in accordance with law against the 3rd respondent. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn