Salma T.P. v. The District Superintendent Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 WP(C).No. 33128 of 2015 (M) --------------------------------- PETITIONER/PETITIONER:
--------------------------- SALMA T.P. AGED 38 YEARS W/O.LATE SHOUKATHALI, THONIPPADATH HOUSE PERIMBADERI P O, NAMBIYAMKUNNU, MANNARKAD PALAKKAD BY ADVS.SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.ASHISH MOHAN SMT.T.RESHMA RESPONDENTS/RESPONDENTS:
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1. THE DISTRICT SUPERINTENDENT OF POLICE PALAKKAD, PIN 678001
2. SADIQUE T P S/O.SULAIMAN, THONIPPADATH HOUSE, PERIMBADERI P O NAMBIYAMKUNNU, MANNARKAD, PALAKKAD PIN 678762
3. ABDUL RAHIM T P S/O.SULAIMAN, THONIPPADATH HOUSE, PERIMBADERI P O NAMBIYAMKUNNU, MANNARKAD, PALAKKAD PIN 678762
4. MUHAMMEDUPPA T P S/O.SULAIMAN, THONIPPADATH HOUSE, PERIMBADERI P O NAMBIYAMKUNNU, MANNARKAD, PALAKKAD PIN 678762 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 1111-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33128 of 2015 (M) APPENDIX PETITIONER'S EXHIBITS ----------------------------- P1:- TRUE COPY OF THE OUTPATIENT TICKET DTD 15/9/2015 ISSUED TO THE MANNARKKAD GOVERNMENT HOSPITAL P2:- TRUE COPY OF REPORT DTD 18/9/2015 FROM THE MOTHER CARE HOSPITAL SHOWING THE NASAL BONE FRACTURE P3:- TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD 6/10/2015 AND ENGLISH TRANSLATION. RESPONDENTS' EXHIBITS ------------------------------ NIL TRUE COPY P.A.TO JUDGE
THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of November, 2015
JUDGMENT
Thottathil B.Radhakrishnan, J.
1.In the light of the directions being issued hereunder, notice to respondents 2 to 4 dispensed with, preserving their right to seek re-hearing of this writ petition, if found necessary. 2.Heard learned counsel for the petitioner and the learned Senior Government Pleader who has instructions in the matter.
3.Respondents 2 to 4 are the siblings of the petitioner. They have yet another brother who is abroad.
4.The petitioner projects a case that she was widowed while her child was only 27 days old. That female grew and is now a first
year Degree student. While she was nearing her 18 years of age, it appears that there was a proposal for marriage and the parties had agreed to give her in 'nikah' following which there was some ceremony where the petitioner's daughter is stated to have been given a bangle representing the engagement. It appears that her marriage did not fructify, owing to certain misunderstandings following certain cross talks by the girl and the boy or some other relatives. That appears to have prompted respondents 2 to 4 to become agitated and the petitioner alleges that she and her daughter are under threat to life.
5.The learned Senior Government Pleader, on instructions, submits that the petitioner and respondents 2 to 4 were residing under the same roof as a family, however that, following the disputes between them touching the aforesaid issue, the brothers are now staying away. We record the submission on behalf of the police that law and order is being taken care of and adequate protection will be extended to the petitioner and her daughter as and when found necessary. It is
also submitted that the petitioner and respondents 2 to 4 have been advised to exclude any incident of violence. We have recorded the above submission.
Having recorded what is stated as aforesaid, we order this writ petition directing that the police will ensure that law and order is maintained and necessary protection is extended to the petitioner and her daughter, if and when found necessary. sd/- Thottathil B.Radhakrishnan, Judge sd/- Anu Sivaraman, Judge sj11/11 TRUE COPY P.A.TO JUDGE