RATNA KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present writ petition has been filed seeking a writ mandamus directing the respondents 1 to 3 to initiate disciplinary action as against the fourth respondent herein for custodial violence inflicted by the said respondent on the petitioner and his family members and direct the respondents 1 to 4 to pay compensation for such custodial torture.

(2.) According to the petitioner, his marriage was solemnized with the fifth respondent herein on 24/8/2011. After marriage, the fifth respondent insisted the petitioner to live separately away from his parental home. Since the petitioner had refused to heed such a demand, the fifth respondent had threatened to lodge a criminal case as against the petitioner and his family members alleging demand of dowry.

(3.) The learned counsel for the petitioner had contended that the fifth respondent had left the matrimonial home and started living with her parents. Thereafter, the fifth respondent had started harassing the petitioner and his family members by lodging a criminal case against the petitioner. Hence, the petitioner was constrained to apply for divorce in IDOP.No.162 of 2012 on the file of the Principal District Court, Tirunelveli. While the said petition was pending, a criminal complaint was lodged by the fifth respondent herein before the fourth respondent in Crime No.26 of 2012 as against the petitioner and his parents alleging commission of offence under Ss. 498(A), 294(b) and 506(ii) I.P.C r/w Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act.