EDWINSON E. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused in Crime No.731/2021 of Kurathikadu Police Station, Alappuzha District alleging commission of offence under Section 498A of the Indian Penal Code read with Section 34 of the Code.

(2.) The 1st petitioner and the de facto complainant got married in the month of December, 2014. The 2nd and 3rd petitioners are parents of the 1st petitioner. It is submitted that after a child was born out of the wedlock the de facto complainant had withdrawn herself from the marital relationship and prevented the 1st petitioner from visiting the child. It is submitted that the 1st petitioner had sent a legal notice on 09-09-2020 calling upon the de facto complainant to return to marital home with the child. It is submitted that when mediation between the parties failed, the petitioner filed O.P (Div) No.84/2021 before Family Court, Kottarakkara for restitution of conjugal rights. It is also submitted that the de facto complainant had left for Qatar to work as a Nurse and had completely withdrawn from all contacts to the 1st petitioner. It is submitted that thereafter on 21-10-2021 a complaint containing vague and unsubstantiated allegations was filed alleging commission of offence under Section 498A of the IPC which led to registration of Crime No.731/2021 of Kurathikadu Police Station.

(3.) I have heard the learned Public Prosecutor also.