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High Court of KeralaWP(C)/20093/2015closed

Reshma Rajan v. State Of Kerala

2015-07-03Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 20093 of 2015 (J) ---------------------------- PETITIONER(S) :- ------------------ RESHMA RAJAN, AGED 27 YEARS W/O.SABARI NATH M.S., MANGALATH HOUSE NEAR CHEERATTAMANNA SIVA TEMPLE, VALAMBUR POST VIA PATTIKKAD, PERINTHALMANNA, MALAPPURAM DISTRICT PIN - 679 325.

BY ADVS.SRI.BIMAL K.NATH SRI.SREEVALSAN.V SMT.M.K.SHIMI SMT.DIVYA C BALAN SRI.D.SREENATH RESPONDENT(S) :- ------------------

1. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME THIRUVANANTHAPURAM-695001.

2. S.I. OF POLICE PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT PIN - 679 325.

3. K.A.MANOHARAN NARAYANEEYAM VEEDU, OPPOSITE TO SEMALIK HOSPITAL KANNIYAMBRAM, OTTAPPALAM, PALAKKAD-678 001.

R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20093 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXHIBIT-P1: TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE LOCAL AUTHORITY.

EXHIBIT-P2: TRUE COPY OF ORDER DATED 19.03.2014 IN OP(HMA) 166/13 OF THE HON'BLE FAMILY COURT, MALAPPURAM.

EXHIBIT-P3: TRUE COPY OF THE COMPLAINT DATED 29.06.15 SEND BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.20093 of 2015 -------------------------------------- Dated this the 3rd day of July 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

By this writ petition, the petitioner has prayed for a direction to the 2nd respondent to provide adequate protection to her life and that of her family members from the threat of the 3rd respondent and his men. Petitioner's case is that she had married one Sabari Nath on 25.6.2015. It is submitted that the 3rd respondent is the father of the former wife of said Sabari Nath, from whom he had obtained divorce. It is submitted that the 3rd respondent has sent some persons to the house of the petitioner and they threatened the petitioner that they would destroy her and her family.

3.

Be that as it may, with regard to the above dispute, the police has no role to play. The police can interfere only if there is any offence committed or attempt to commit offence. We only observe that if there is any offence committed or attempt to

W.P.(C) No.20093 of 2015 -: 2 :- commit offence, it shall be open for the petitioner to file appropriate complaint to the police, who shall look into the matter and do the needful.

With the above observation, this writ petition is closed. ASHOK BHUSHAN CHIEF JUSTICE A.M. SHAFFIQUE J UDGE Jvt