SUBAIDA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner has approached this court seeking following relief:

(2.) BRIEFLY put the case of the petitioner is as follows: The petitioner had married the third respondent and a girl child is born out of the wedlock. Respondents 4 and 5 are sisters of the third respondent. The petitioner filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act. Ext.P1 is the common order passed . There is reference to physical assault and the petitioner and her daughter were admitted to the hospital. The petitioner submitted a petition, Ext.P2, before the second respondent. The second respondent because of the influence of respondents 3 to 5 did not take any action on Ext.P2 petition. Since there was breach of protection order granted as per Ext.P1 common order, the petitioner had filed a petition, Ext.P4, under Section 31 of the Protection of Women from Domestic Violence Act which was forwarded to the 2nd respondent under Section 156(3) of Cr.P.C. On 26/6/2012, the petitioner was again assaulted by the third respondent.

(3.) LEARNED counsel for the party respondents points out that actually the residence in question cannot be claimed to be the shared household. It belongs to the mother-in-law of the petitioner. The learned counsel for the petitioner submits that what is sought for protection for life. The learned counsel for the party respondents would submit that if protection for life is granted under the guise of the said order, the mother-in-law and the sister-in-law will be evicted. Here the learned counsel for the petitioner would submit that if order of police protection is granted for life under the guise of the same, the petitioner will not throw out the mother-in-law and the sister-in-law. The learned counsel for the petitioner also would submit that the petitioner will not cause any threat to the life of the mother- in-law and the sister-in-law. We record the same and direct the Sub Inspector of Police, the second respondent, to afford protection for life of the petitioner and her daughter as against respondents 3 to 5. The writ petition is disposed of as above.