2025:KER:26039 W.P.(C)No.31395 of 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 31395 OF 2023 PETITIONER: ASWATHY BABU AGED 28 YEARS D/O BABU SRUTHI, THOTTINUVADAKKU, CHAVARA,CHAVARA P.O. KOLLAM, PIN - 691583 BY ADVS. G.BHAGAVAT SINGH KELU BHAGAVAT RESPONDENTS: 1 THE CITY POLICE COMMISSIONER KOLLAM, PIN - 691001 2 ASSISTANT COMMISSIONER OF POLICE KARUNAGAPALLY, KOLLAM, PIN - 690518 3 STATION HOUSE OFFICER CHAVARA POLICE STATION CHAVARA POLICE STATION, CHAVARA, PIN - 691583 4 REJITH AGED 32 YEARS S/O RADHAKRISHNANA, THAMMALAKIZHAKKATHIL, PONMANA VILLAGE,CHAVARA, KOLLAM, PIN - 691583 2025:KER:26039 W.P.(C)No.31395 of 2023 2 5 RADHAKRISHANAN.P AGED 60 YEARS THAMMALAKIZHAKKATHIL, PONMANA VILLAGE,CHAVARA, KOLLAM, PIN - 691583 6 AMBIKA AGED 51 YEARS THAMMALAKIZHAKKATHIL, PONMANA VILLAGE,CHAVARA, KOLLAM, PIN - 691583 GP.SRI.B.S.SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26039 W.P.(C)No.31395 of 2023 3 C.S.DIAS,J -------------------------------------------- W.P.(C).No. 31395 of 2023 --------------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the respondents 1 and 2 to afford adequate police protection to the petitioner from the threats being caused by the party respondents. 2. The petitioner is the wife of the 4th respondent. Their marital relationship is strained. Crime No. 723/2023 has been registered by the 3rd respondent against the party respondents. O.P.No.69/2023 has been filed by the 4th respondent before the Family Court, Chavara, for the custody of the children born in the wedlock between the petitioner and the 4th respondent. When the petitioner appeared before the Family Court, the 4th respondent 2025:KER:26039 W.P.(C)No.31395 of 2023 4 along with a known goonda has threatened the petitioner. The petitioner is apprehensive that the party respondents would cause harm to her life. Hence, the writ petition. 3. When the writ petition came up for consideration on 19.02.2025, this Court had called for report from the Family Court, Chavara to ascertain whether the petitioner has given any complaint against the 4th respondent. In compliance with the said order, the learned Judge of the Family Court, by communication dated 07.03.2025, has informed this Court that no complaint has been received from the petitioner till date. 4. Heard; the learned counsel for the petitioner and the learned Government Pleader. Even though the service of notice is complete on the party respondents, there is no appearance for them. 2025:KER:26039 W.P.(C)No.31395 of 2023 5 5. The learned counsel for the petitioner submitted that the petitioner had given a complaint before the Family Court on 08.07.2024, asserting that the 4th respondent had attempted to assault her while the parties appeared for mediation. He handed over the certified copy of the complaint that was filed before the Family Court. On a consideration of the facts and the materials on record, particularly that there are matrimonial disputes between the parties and there are crimes registered against the party respondents at the instance of the petitioner, I direct the 3rd respondent to afford adequate police protection to the petitioner, when she appears before the Family Court to contest the proceedings between the parties. In case, the party respondents threaten the petitioner at any other place, it would be up to the petitioner to 2025:KER:26039 W.P.(C)No.31395 of 2023 6 approach the jurisdictional Police Station and file a complaint. If such complaint is filed, the jurisdictional Police shall act upon the complaint, in accordance with law, without interfering in the matrimonial disputes between the parties. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE SCB.26.03.25. 2025:KER:26039 W.P.(C)No.31395 of 2023 7 APPENDIX OF WP(C) 31395/2023 PETITIONER EXHIBITS Exhibit P1 COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 29.04.2022. Exhibit P2 COPY OF THE FIR NO.410/2022 DATED 14.05.2022 OF CHAVARA POLICE STATION. Exhibit P3 COPY OF THE FIR NO.723/2023 DATED 03.05.2023 OF CHAVARA POLICE STATION Exhibit P4 COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20.09.2023 Exhibit P5 COPY OF THE FIR NO.1586/2023 DATED 20.09.2023 OF CHAVARA POLICE STATION. Exhibit P6 COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.09.2023.