TONY K.A. Vs. THE GOVERNMENT OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the 3rd and 4th respondents to initiate a full-fledged enquiry into the allegations made in Ext.P1 complaint filed before the 3rd respondent, on the basis of atrocities committed on the petitioner's girl child by the 5th respondent, who is the maternal grandfather of the child, and for other consequential reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner and his wife are living separately under strained relationship. In 2015, his wife had lived at her parental home for almost six months, and after that, she was brought to the house of the petitioner due to the intervention of family members and started living with the petitioner. According to the petitioner, then it was found that his child aged six years was behaving strangely. While playing with petitioner's brother's children aged 4 and 2, the child was showing certain sexual inclinations. Thereupon, petitioner and his wife questioned the child and was found that his father-in- law was using the child in a bad manner, when he returned to the house every day in an inebriated condition. Petitioner questioned this, and the mother-in-law of the petitioner then pleaded him not to report to the police, as the reputation of the family will be at stake.

(3.) In 2016, petitioner's wife shifted her residence to her parental home after a family dispute, and during December holidays, when the child was brought to petitioner's house, then also, he found that the child was behaving with certain sexual inclinations while she was playing with other children. According to the petitioner, the issue raised in this writ petition was complained before the Police as well as 3rd and 4th respondents, however, no action was initiated by the Police or the 3rd and 4th respondents.