IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22880 of 2008(W)
1. SUJA T.N. @ SUMA, W/O.SURESH N.M.,
... Petitioner
2. MALAVIKA SURESH, AGED 5 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
3. N.M.SURESH, S/O.MADHAVAN,
For Petitioner :SRI.K.C.ELDHO
For Respondent :SRI.T.K.AJITHKUMAR (VALATH)
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :08/08/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.P.(C) No.22880 of 2008
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Dated, this the 8th day of August, 2008
JUDGMENT
A.K.Basheer, J.
Petitioners are the wife and child of respondent No.3.
According to the first petitioner, respondent No.3 has been harassing her
and her child and their life is under threat at the hands of respondent No.3.
2. Petitioners have raised various allegations against
respondent No.3 which have been controverted by the latter in his counter
affidavit. According to respondent No.3, it is he who is, in fact, at the
receiving end. It is alleged by him that his wife had poured boiled water
on his face on July 18, 2008 and, in fact, he had to be admitted in the
hospital. Ext.R3(c) photograph has also been produced by him in support
of the above contention.
3. Having gone through the materials placed on record and
having heard learned counsel for the parties, we have no hesitation to
hold that no interference is warranted in this case under Article 226 of the
Constitution of India, much less any direction as prayed for in the writ
petition is liable to be issued.
4. However, we place on record the submission made by the
learned counsel for respondent No.3 that his client had not caused any
W.P.(C).No.22880 of 2008
2
harassment to the petitioners nor had he assaulted them as alleged. He has
no intention to do so, either.
5. We make it clear that it will be open to the petitioners to
take recourse to the remedies available to them under law in case there is
any act of violence or assault from respondent No.3.
Writ petition is accordingly closed.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
vns