ABDUL RAZAK Vs. DEPUTY SUPERINTENDENT OF POLICE THAMARASSERY

JUDGEMENT

(1.) The petitioner is before us seeking a direction to respondents 1 and 2 to render adequate and sufficient protection to the lives of the petitioner and his second wife as well as the property of the petitioner from the alleged threat by third respondent, his divorced wife, and the fourth respondent, their son, so as to enable them to reside peacefully in house No.XIX/1774 of Koduvally Panchayat.

(2.) The petitioner claims to be the absolute owner in possession of 23.8 cents of property and the residential building situated therein. The petitioner claims to have purchased the property in 1989 and constructed a house expending his own money. He had also purchased another property having an extent of 1.62 acre in the year 2006, in the name of the third respondent, where also he has constructed a house. That apart, he has also purchased two other items of property in the name of the third respondent. Matrimonial disputes arose between the petitioner and the third respondent and she filed MC No.98/2016 before the Judicial First Class Magistrate-I, Thamarassery under Section 12 of the Protection of Women from Domestic Violence Act, 2005, wherein she had sought a residential order in respect of the above mentioned house. The MC was disposed of as per Ext.P1 order by the learned Magistrate wherein the residential order sought for by the third respondent was disallowed and an order for maintenance alone was granted. Earlier, as per order in CMP No.2347/2016 in the aforesaid MC, the learned Magistrate had as per Ext.P2 order restrained the petitioner herein from dispossessing the third respondent from the shared household. The petitioner has married another lady and is now residing with her and she is in advanced stage of pregnancy. The petitioner has no other house to reside with his present wife. The disputed house has two bedrooms in the ground floor and three bed rooms on the first floor with a big hall, balconies and kitchen. Respondents 3 & 4 are restraining the petitioner from entering the house and are intimidating him and his present wife with threat to their lives. The petitioner made a complaint as Ext.P3 before the second respondent on the basis of which Ext.P4 Crime No.177/18 was registered at Koduvally Police Station. Despite registration of the crime, respondents 3 & 4 are continuing with their intimidation and threats and therefore, the petitioner seeks police protection to continue his residence in the house with his wife. Hence, this Writ Petition.

(3.) A counter affidavit has been filed by the third respondent alleging that she and her children are subjected to cruelty by the petitioner. There are disputes pending between the third respondent and the petitioner regarding return of gold ornaments and settlement of properties. It is further submitted that this Writ Petition has become infructuous on account of Ext.R3(a) order passed by the Sessions Court, Kozhikode in Crl.MP No.252/2018 in Crl.MP No.932/2018 in Criminal Appeal No.183/2018. As per Ext.R3(a) order, the men and agents of the petitioner and the petitioner's relatives are restrained from entering into the shared household bearing No.3/37 A (old) XIX/1774 (new), until further orders. The Station House Officer, Koduvally Police Station has been directed to assist the third respondent in implementation of the order passed by the JFCM-I, Thamarassery. The allegation that the learned Magistrate has not passed a residence order in favour of the third respondent will therefore not be true in view of the interference by the appellate court vide Ext.R3(a) order. The petitioner has made all false, frivolous and untrue allegations against respondents 3 and 4. His intention in seeking police protection is for occupying the disputed house exclusively for himself. The petitioner is a well to-do businessman having profitable business abroad. He has been making concerted attempts to evict the party respondents and the other children of the third respondent from the shared household. Four children are born to the third respondent in the wedlock with the petitioner. The third respondent was the second wife of the petitioner. Huge amounts and gold ornaments were given as dowry to the third respondent, which have all been appropriated by the petitioner. It is stated that the petitioner is a drunkard and also a drug addict. He had pledged the house at Federal Bank, Koduvally and obtained a loan for Rs.10 lakhs. The petitioner is also having illicit relationship with other ladies and on being questioned about it, he assaulted the third respondent in front of her children. The petitioner has a girl child of marriageable age and proposals are coming for her marriage and all such attempts are being spoiled by the petitioner and his relatives, with the intention to make the lives of the third respondent and her children miserable. Despite the order of the Magistrate restraining the petitioner from dispossessing the third respondent from the shared household, she has been subjected to physical assault. When the fourth respondent and another son of the third respondent interfered, they too were attacked. Crime has been registered at the Koduvally Police Station on the basis of a complaint filed by the third respondent against the petitioner. Wound certificates pertaining to the third respondent and her sons are also produced as Exts. R3(c), R3(d) and R3(e). The third respondent has produced various photographs pertaining to the atrocities committed by the petitioner against her in the house. It is the third respondent and her children who are actually facing threat to their lives at the hands of the petitioner and his goons. He has now entered into a third marital relationship. The petitioner is not entitled to any protection. His third wife has never resided in the shared household and it is with the intention to bring her to the house that the Writ Petition for protection has been filed.