Abdul Majeed P vs State Of Kerala And Ors

The petitioner seeks police protection as against respondents 5 and 6, who are stated to be his wife and daughter respectively to enable him to

reside at his house bearing No.103/39 of Tirurangadi Municipality.

The 4th respondent has filed a statement stating that respondents 5 and 6 had approached the Judicial First Class Magistrate Court, Parappanangadi

through MC No.59/2020 and that court has restrained the petitioner from committing any act of mental or physical violence on respondents 5 and 6,

and to pay Rs.10,000/- per month for maintenance and also restrained the petitioner from alienating the shared house situated within the limits of the

Tirurangadi Municipality. It is stated that this order has been in force since 06.06.2020. It is also stated that the petitioner had entered into the shared

house on 26.11.2020 and had assaulted respondents 5 and 6. Accordingly, on the direction of the Judicial First Class Magistrate Court,

Parappanangadi, Crime No.874/2020 of Tirurangadi Police Station under Section 31 of the Protection of Women from Domestic Violence Act was

registered against the petitioner. The said crime is now pending as CC No.68/2021 on the file of that court.

Regarding the present claim of the petitioner, the 4th respondent has stated that enquires revealed that respondents 5 and 6 had not obstructed the

petitioner from entering the shared house. He also states that there is no law and order situation and that if the petitioner faces any obstruction from

using the shared house, he may approach the police and the police will give him adequate protection.

In the overall facts and circumstances of the case, and considering the fact that respondents 5 and 6 have not appeared, despite service of notice, I

am of the opinion that this writ petition can be ordered recording the submission of the 4th respondent that there is no law and order situation and that

if the petitioner faces any threat from respondents 5 and 6, in the matter of residing in the shared house, the police will render necessary assistance to

him on being petitioned.

Accordingly, this writ petition is disposed of recording the aforesaid submission of the 4th respondent and directing that in the event of the petitioner

facing any obstruction or threat from respondents 5 and 6 to live in the house which he shares with respondents 5 and 6, he may approach the 4th

respondent who shall after necessary enquiry into the matter render assistance to the petitioner to enable him to stay in the house together with

respondents 5 and 6. It is made clear that this order should not in any manner be seen as interfering with any order as passed by the Judicial First

Class Magistrate Court, Parappanangadi or any other court of competent jurisdiction in respect of claim for maintenance or acts of domestic violence

alleged against the petitioner by respondents 5 and 6.

With the above directions, this writ petition will stand disposed of.