IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 38056 of 2010(F)
1. N.PRIYANKA, D/O.JAYAPRAKASH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED CHIEF
... Respondent
2. THE COMMISSIONER OF POLICE,
3. B.SHIBI, S/O.BHUVANACHANDRAN,
4. LATHA., D/O.BHUVANACHANDRAN,
5. NISHA, DO.. DO.. DO.. 695 002.
6. RAJEEV, S/O.BHUVANACHANDRAN,
For Petitioner :SRI.SUBHASH CYRIAC
For Respondent :SRI.M.SREEKUMAR
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :04/01/2011
O R D E R
R.BASANT & K.SURENDRA MOHAN, JJ.
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W.P(C) No.38056 of 2010
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Dated this the 4th day of January, 2011
JUDGMENT
BASANT, J.
Petitioner is the wife of the 3rd respondent. Respondents 4
to 6 are the mother in law, brother in law and sister in law of the
petitioner. There is a strained relationship between the
petitioner and the 3rd respondent. A child, aged 8 months born
in the wedlock, is now in the custody of the petitioner.
2. According to the petitioner, she apprehends danger to
her life and person from respondents 3 to 6. She apprehends
that the child may be attempted to be snatched away from her.
She apprehends that violence may be resorted to by respondents
3 to 6 against the petitioner, her child and her relatives. In these
circumstances, it is prayed that appropriate directions may be
issued to respondents 1 and 2 to provide protection to the
petitioner and her relatives.
3. Notice was ordered to the respondents. Respondents
3 to 6 have been served. Respondents 4 to 6 have entered
appearance through counsel. Respondents 1 and 2 are
represented by the learned Government Pleader. An interim
W.P(C) No.38056 of 2010 2
order was issued on 21.12.2010 directing the 2nd respondent to
give protection to the life of the petitioner, her child and her
parents. The learned Government Pleader submits that a crime
has been registered against the 3rd respondent. He has been
arrested and enlarged on bail now. The learned counsel for
respondents 4 to 6 submits that respondents 4 to 6 shall not
indulge in and had not indulged in any contumacious or culpable
criminal conduct against the petitioner, her child and her
parents.
4. Admittedly since the child is now in the custody of the
petitioner, her right to keep the child in her custody until
otherwise ordered by the Court concerned can certainly be
protected. Respondents 1 and 2 must certainly ensure that the
petitioner and her relatives are not subjected to any
contumacious culpable acts on the part of respondents 3 to 6.
The learned Government Pleader undertakes that the same shall
be done by respondents 1 and 2. If the petitioner has any
grievance against respondents 3 to 6, she can lodge a complaint
before the local police officials, whereupon the needful shall be
done to protect the interest of the petitioner, her parents and her
child, submits the learned Government Pleader.
W.P(C) No.38056 of 2010 3
5. We are satisfied, in these circumstances, that no
further directions are necessary. The submission of the learned
Government Pleader and the submission of the learned counsel
for respondents 4 to 6 are accepted. This Writ Petition is
accordingly allowed in part to the above extent.
(R.BASANT, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
rtr/