NIYAS ABDUL KHAREEM Vs. STATE OF KERALA

JUDGEMENT

(1.) The matrimonial dispute between the husband and the wife has led to the above proceedings.

(2.) Niyas had married Shahitha on 27/11/2005. Two female children were born in the matrimonial relationship. Matrimonial disputes arose between the parties, ultimately leading to pronouncement of talak on 31/12/2013. Matrimonial disputes had resulted in the several litigations involving the parties to the marriage as well as the relatives.

(3.) In Crl.M.C.No.7139/2016, the dispute revolves around a complaint dated 18/4/2013 addressed by Niyas to a Jamath. The said letter is produced as Annexure A8. Along with Annexure A8, Annexure A9 covering letter of another Jamath dated 20/5/2013 was enclosed. It was alleged in the complaint that, Shahitha was a highly suspicious character, was dishonest, had abused the husband and others in filthy language and had taken away the gold and cash from the house of the husband with the aid of goondas. Niyas sought interference of Jamath into the issue and requested to solve it. It is alleged that, pursuant to the receipt of the above letter, Jamath discussed the contents. Alleging that, this was given wide publicity, adversely affecting the reputation of Sahitha and that it was calculated to lower her reputation among the public, she laid private complaint as CC No. 6363/2013 before the CJM, Kollam. She was examined along with two other witnesses in her support. Cognizance was taken under section 500 IPC as ST No. 302/2014 and process was issued to Niyas and three others, who are his father, brother and brother-in-law.