C.A.VISWANATHA PILLA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE main prayer made in this original petition is to quash all further proceedings in Ext.P6 namely, M.C.No.211/2012 on the file of the Judicial First Class Magistrate Court-II, Mavelikkara.

(2.) THE petitioner's wife is the 2nd respondent herein. It is stated that both parties are residing together. It is also stated that the petitioner is a cardiac patient and his wife is suffering from mental disorder. The details of the treatment undertaken as regards the wife have been produced as Exts.P2 to P4. The petitioner happened to approach this Court by filing W.P.(C) No. 29302/2012 wherein an interim order of police protection was granted by this Court as per Ext.P5. Therein protection is sought to the life of the petitioner from the 6th respondent, son of the petitioner. It is stated that after the receipt of the notice in the said writ petition by the son, he pressurized the 2nd respondent to file a complaint under the provisions of the Protection of Women from Domestic Violence Act. Ext.P6 is a copy of the said petition.

(3.) LEARNED counsel for the petitioner relied upon the contents of Ext.P9 to argue that as no allegation of domestic violence is raised against the petitioner, the entire proceedings will have to be quashed. My attention was specifically invited to Ext.P9 to show that no acts of domestic violence is recorded there. It is evident from the pleadings itself that the said deposition was recorded in the light of the stand taken by the petitioner with regard to the mental illness of the wife itself. Therefore, it is too premature for this Court at this stage to issue a direction to quash the entire proceedings.