VINOD XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has approached this Court seeking for issuance of a writ of mandamus directing the second respondent to issue 'police clearance certificate' to the petitioner for going abroad.

(2.) THE case projected in the Writ Petition is that, there was some matrimonial dispute between the petitioner and his wife and that the Family Court, Kottayam at Ettumanoor has already granted divorce. But some other proceedings are stated as pending before the Family Court, Alapuzha. THE petitioner is allegedly employed abroad, who has come to India and proposes to go back in search of his employment, for which police clearance certificate is stated as necessary. But, the same is stated as denied by the respondents, in view of pendency of the criminal case covered by Exts. P1 and P2, involving offences under Sections 498 (A) and 120 of the Indian Penal Code.

(3.) IN the above circumstances, the petitioner is relegated to seek for appropriate relief from the Judicial First Class Magistrate Court, Changanacherry, wherein C.C. 215 of 2010 is pending and once the certificate is issued, the same shall be produced before the second respondent, upon which, the second respondent shall issue the clearance certificate as sought for, as expeditiously as possible, at any rate, within 10 days from the date of production of the order from the Court as aforesaid.