High Court of KeralaWP(C)/3728/2015closed

Hiba Fathima @ Bindhu Joseph v. The State Police Chief

2015-02-05Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 3728 of 2015 (M) --------------------------- PETITIONER(S)/PETITIONER:

------------------------ HIBA FATHIMA @ BINDHU JOSEPH AGED 28 YEARS W/O. MAHROOF V.K., VELLACHAL P.O., KODAKKAD KASARGOD.

BY ADVS.SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SMT.A.A.SHIBI RESPONDENT(S)/RESPONDENT:

------------------------

1. THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.

2. THE SUB INSPECTOR OF POLICE CHEEMANI POLICE STATION, KASARAGOD-671313.

3. THE SUB INSPECTOR OF POLICE KADATHURUTHY-686604.

4. JOSEPH JOHN S/O. JOHN, PADINJARETHADATHIL HOUSE KANJIRATHANAM P.O., KOTTAYAM, PIN 686603.

BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3728 of 2015 (M) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- EXHIBIT P1- TRUE COPY OF THE CERTIFICATE OF MARRIAGE REGISTERED AT KOZHIKODE CORPORATION DATED 21-1-2015.

EXHIBIT P2- TRUE COPY OF THE CERTIFICATE ISSUED BY THE THERBIYATHUL ISLAM SABHA DATED 19-12-2014 CERTIFYING HER COVERSION TO ISLAM. EXHIBIT P3- TRUE COPY OF THE PETITION ADDRESSED TO THE RESPONDENTS 1 TO 3.

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... W.P. (C )No. 3728 of 2015 -B ....................................................... Dated this the 5th day of February 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard the learned counsel for the petitioner.

2. This Writ Petition has been filed seeking a direction to respondents 1 to 3 to afford adequate police protection to the life and liberty of the petitioner, her husband Mahroof and his family members from the threat or force from the 4 th respondent. 4 th respondent is none other than the father of the petitioner. Petitioner claims to have converted into Islam and married one Maharoof V.K. A habeas corpus petition has already been filed by the father of the petitioner before this Court which is pending

W.P. (C )No. 3728 of 2015 -B consideration.

3. Hence, we are of the view that this petition for police protection cannot be entertained. Petitioner may appear in the said habeas corpus petition and make her statement. With the above observation this Writ Petition is closed. Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/-A.M.SHAFFIQUE, JUDGE ani/