IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 1012 of 2008(U) ------------------------------------- PETITIONER: ------------------- ABEY V.JOHN, S/O.V.M.JOHN, AGED 32 YEARS, VADAYADI HOUSE, SURABHI HOMES, UDAYAMPEROOR P.O., KANDANADU, ERNAKULAM DISTRICT. BY ADV. SRI.SHAIJAN C.GEORGE SMT.S.A.SHERLY SMT.SAJITHA GEORGE RESPONDENTS: ----------------------- 1. DILIP, HEALTH INSPECTOR, "KARTHIKA", NEAR SUBRAMANIA TEMPLE, VADUTHALA, CHITTOOR, ERNAKULAM DISTRICT. 2. SARASWATHY, W/O.DILIP, "KARTHIKA" NEAR SUBRAMANIA TEMPLE, VADUTHALA, CHITTOOR, ERNAKULAM DISTRICT. 3. INSPECTOR OF POLICE, WOMEN CELL, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1012/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE VICAR OF ST.MARY'S JACOBITE SYRIAN CHURCH, NADAMEL ON 10.12.03. EXT.P2:- COPY OF THE LETTER WRITTEN BY ARYA, THE WIFE OF THE PETITIONER. EXT.P3:- COPY OF THE COMPLAINT DT. 17.12.07 LODGED BY THE PETITIONER BEFORE THE ERNAKULAM TOWN NORTH POLICE STATION. EXT.P4:- COPY OF THE NOTICE BY THE 3RD RESPONDENT. EXT.P5:- COPY OF THE LEGAL NOTICE DT. 2.1.08. EXT.P6:- COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.1012 of 2008 ======================== Dated this the 21st day of January, 2008. JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court alleging harassment against him at the hands of the third respondent. The learned Government Pleader upon instructions submitted that the petitioner was summoned to appear before the third respondent as part of the investigation into a complaint filed by his wife against him. There was some disputes between the petitioner and his wife regarding the custody of their minor child and they are residing separately also. Subsequently, the petitioner's wife took away the child from his custody and she has disappeared with the child. In view of the above position, the learned Government Pleader submitted that the allegation of harassment by the police is not correct. Since the complainant- wife is not pursuing her complaint, the petitioner cannot have WP(C) 1012/08 -: 2 :- any grievance. 2. Recording the submission of the learned Government Pleader that the police has no intention to harass the petitioner and even if they are enquiring into the complaint, it will be done only in accordance with law, this writ petition is disposed of. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 21/1