Aneela Xavier vs The State Of Kerala
2022 Latest Caselaw 6753 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                    WP(C) NO.13978 OF 2022
PETITIONER :-

          ANEELA XAVIER, AGED 39 YEARS
          D/O. XAVIER, NOW RESIDING AT ARA 45,
          KRISHNA, VALAVI ROAD, KACHERYPADY,
          ERNAKULAM DISTRICT - 682 018

          BY ADVS.
          T.MADHU
          K.V.BINOD
          C.R.SARADAMANI
          SHAHID AZEEZ
          RENJISH S. MENON


RESPONDENTS :-

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     THE COMMISSIONER OF POLICE
          KOCHI CITY, OFFICE OF THE COMMISSIONER OF POLICE,
          KOCHI CITY, ERNAKULAM DISTRICT - 682 035.

    3     THE STATION HOUSE OFFICER
          CENTRAL POLICE STATION, KOCHI CITY,
          ERNAKULAM DISTRICT - 682 018.

    4     K.R SAJEEV, AGED 54 YEARS
          S/O. RAJU, NOW RESIDING AT KRISHNA KRIPA,
          AMBEDKAR ROAD, VENNALA, EDAPPALLY SOUTH VILLAGE,
          ERNAKULAM DISTRICT - 682 028.

    5     ABHIJITH, AGED 25 YEARS
          S/O.K.R.SAJEEV, NOW RESIDING AT KRISHNA KRIPA,
          AMBEDKAR ROAD, VENNALA, EDAPPALLY SOUTH VILLAGE,
          ERNAKULAM DISTRICT - 682 028.

    6     BIJI MOL, AGED 48 YEARS
          DIRECTOR, M/S. AAG INDIA PRIVATE LIMITED,
          HAVING ITS REGISTERED OFFICE AT 40/7491,
 WP(C) Nos.13978 & 16896 OF 2022

                                  -: 2 :-

            SHARMA BUILDING, Y.M.C.A JUNCTION,
            CHITTOOR ROAD, ERNAKULAM.

            BY ADVS.
            V.V.NANDAGOPAL NAMBIAR
            CHITRA JOHNSON
            SMITHA (EZHUPUNNA)
            SRI.T.K.SHAJAHAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, ALONG WITH WP(C).16896/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.13978 & 16896 OF 2022

                                  -: 3 :-

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO.16896 OF 2022
PETITIONER :-

            BIJIMOL, AGED 51 YEARS
            D/O.JOSEPH, DIRECTOR, AAG INDIA PRIVATE LTD.,
            DOOR NO.42/2237, "KRISHNA"
            BEHIND ERNAKULAM MEDICAL CENTER,
            VENNALA JANATHA ROAD, VENNALA, COCHIN - 682 028.

           BY ADVS.
           V.V.NANDAGOPAL NAMBIAR
           SMITHA (EZHUPUNNA)
           CHITRA JOHNSON


RESPONDENTS :-

     1      COMMISSIONER OF POLICE
            KOCHI CITY, KOCHI, ABDUL KALAM MARG,
            MARINE DRIVE, ERNAKULAM, KERALA - 682 011.

     2      THE STATION HOUSE OFFICER
            CENTRAL POLICE STATION, OLD RAILWAY STATION ROAD,
            ERNAKULAM - 682 018.

     3      ANEELA XAVIER
            D/O.XAVIER, NOW RESIDING AT ARA 45,
            KRISHNA, VALAVI ROAD, KACHERIPADY, KOCHI - 18.

           BY ADVS.
           T.MADHU
           K.V.BINOD
           C.R.SARADAMANI
           SHAHID AZEEZ
           RESHMA SANTHOSH
           RENJISH S. MENON
           SRI.T.K.SHAJAHAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, ALONG WITH WP(C).13978/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.13978 & 16896 OF 2022

                                    -: 4 :-


                             JUDGMENT

[WP(C) Nos.13978/2022 and 16896/2022] Dated this the 14th day of June, 2022

W.P.(C) No.13978/2022 is filed seeking directions to

respondents 2 and 3 to afford adequate and meaningful police

protection to the life and property of the petitioner to enable her to

reside in her shared household at ARA 45, Krishna, Valavi Road,

Kacheripady, Ernakulam. W.P.(C) No.16896/2022, on the other

hand, is filed by a Director of a Company seeking directions to the

2nd respondent not to harass the petitioner and to take appropriate

legal action in the event of breach of law in the guest house

belonging to the Company at ARA 45, Krishna, Valavi Road,

Kacheripady.

2. The contentions in the writ petitions are to the effect

that the petitioner in W.P.(C) No.13978/2022 had a living in

relationship with one Shyam Prasad. It is submitted that thereafter

the said relationship was strained and the petitioner had started

living with the 4th respondent, who was the former Managing

Director of the Company, of which the petitioner in W.P.(C)

No.16896/2022 is a Director. It is stated that the petitioner had

been inducted into a premises of the Company, that is, ARA 45,

Krishna, Valavi Road, Kacheripady by the 4 th respondent and had WP(C) Nos.13978 & 16896 OF 2022

been in possession of the first floor of the building belonging to the

Company in her capacity as a live-in partner of the former

Managing Director, the 4th respondent. It is submitted that the

Company and its officials had attempted to evict the petitioner

from the shared household and the petitioner had preferred

applications before the police as well as before the Magistrate

under the provisions of the Protection of Women from Domestic

Violence Act, 2005 and Ext.P4 order was passed. However, even

thereafter, the petitioner is not being permitted to reside in the

premises. It is submitted that a civil suit had also been filed by the

Company against the petitioner. It is submitted that in the said

suit also, the contention of the Company was that the petitioner

was in possession of the first floor of the building and that no

mandatory injunction was granted and therefore, the petitioner

continued to reside in the property.

3. The petitioner in W.P.(C) No.16896/2022 contends that

the order of the judicial Magistrate in the Domestic Violence Act

had been subjected to challenge before this Court and that the

proceedings stand stayed. It is stated that in a suit filed by the

Company, Ext.P1 ad-interim order of injunction had been issued

prohibiting the 3rd respondent, her men and agents from

trespassing into 'A' schedule property, causing damages and WP(C) Nos.13978 & 16896 OF 2022

inducting strangers in the 'A' and 'B' schedule properties. It is

submitted that violating the order of injunction, the 3 rd respondent

had attempted to encroach into the premises and stay there and

that on a complaint submitted by the 3 rd respondent, Ext.P5

proceedings had been issued by the Sub Inspector of Police

requiring the petitioner to reinstate the water connection and to

repair the plumbing in the said premises. The learned counsel for

the petitioner submits that since the issue is pending before the

civil court as well as before this Court in a Crl.M.C., the

interference by the 2nd respondent in the dispute between the

petitioner and the 3rd respondent is completely unwarranted and

illegal.

4. Having considered the contentions advanced, I notice

that the petitioner in W.P.(C) No.13978/2022 has approached the

Magistrate with a complaint with regard to eviction from a shared

household. The issue now is pending before this Court in Crl.M.C.

No.2425/2022. The question with regard to the right of the

petitioner is also subject to a civil dispute in O.S. No.191/2021

pending before the Munsiff Court, Ernakulam. In the above view of

the matter, I am of the opinion that the interference by the police

in the proceedings by issuance of Ext.P5 in W.P.(C) No.16896/2022

is unwarranted.

WP(C) Nos.13978 & 16896 OF 2022

There will, accordingly, be a direction to the Station

House Officer not to involve in the civil dispute pending between

the Company and the 3rd respondent as is evident from the

injunction order. All other questions are left open to be decided in

the proceedings pending before the civil court as well as in the

proceedings under the Protection of Women from Domestic

Violence Act. In case there is any law and order problem, the

parties may approach the Station House Officer, who shall take

appropriate action, in accordance with law.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/15.6.2022 WP(C) Nos.13978 & 16896 OF 2022

APPENDIX OF WP(C) 13978/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOGRAPH OF THE FOURTH RESPONDENT APPLYING VERMILION ON THE FOREHEAD OF THE PETITIONER.

Exhibit P1(a) THE TRUE COPY OF THE PHOTOGRAPH OF THE FOURTH RESPONDENT GIVING PUDAVA TO THE PETITIONER AS PART OF MARRIAGE CEREMONY.

Exhibit P1(b) THE TRUE COPY OF THE PHOTOGRAPH OF THE FOURTH RESPONDENT TYING THALI ON THE NECK OF THE PETITIONER.

Exhibit P1(c) THE TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER AND THE FOURTH RESPONDENT ENTERING THE HOUSE OF THE FOURTH RESPONDENT AFTER MARRIAGE

Exhibit P1(d) THE TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER ALONG WITH THE CHILDREN AND RELATIVE OF THE PETITIONER AND THE FOURTH RESPONDENT.

Exhibit P2 TRUE COPY OF THE PETITION DATED 18-09-2020 FILED BY THE FOURTH RESPONDENT BEFORE THE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM.

Exhibit P3 THE TRUE COPY OF THE COMPLAINT IN M.C NO.

279/2020 DATED 11-09-2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM

Exhibit P4 THE TRUE COPY OF THE ORDER DATED 11-3-2022 IN C.M.P NO. 1934/2021 IN M.C NO. 279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM

Exhibit P5 THE TRUE COPY OF THE PETITION DATED 14-12-2020 IN M.C NO. 279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM WP(C) Nos.13978 & 16896 OF 2022

Exhibit P6 THE TRUE COPY OF THE PLAINT IN O.S NO.

1197/2020 DATED 4-12-2020 PENDING BEFORE THE LEARNED MUNSIFF'S COURT, ERNAKULAM

Exhibit P7 THE TRUE COPY OF THE PLAINT IN O.SNO. 191/2021 DATED 15-2-2021 PENDING BEFORE THE LEARNED MUNSIFF'S COURT, ERNAKULAM

Exhibit P8 THE TRUE COPY OF THE ORDER DATED 17-2-2021 IN I.A NO.2/2021 IN O.S NO. 191/2021 ON THE FILES OF THE FIRST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

Exhibit P9 THE TRUE COPY OF THE GENERAL DIARY ENTRY OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT FROM THE THIRD RESPONDENT DATED 10-12-2021.

WP(C) Nos.13978 & 16896 OF 2022

APPENDIX OF WP(C) 16896/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE INJUNCTION ORDER IN IA NO.2/2021 IN OS NO.191/2021 DATED 17/02/2021.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 16/03/2022 ADDRESSED TO THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 21/03/2022.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 23/04/2022 ADDRESSED TO THE SHO.

Exhibit P5 TRUE COPY OF THE STATEMENT PREPARED AND SIGNED BY THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION DATED 19/05/2022.

RESPONDENT EXHIBITS

Exhibit R3(a) THE TRUE PHOTOGRAPH TAKEN AT THE TIME OF MARRIAGE BETWEEN THE THIRD RESPONDENT AND SRI.K.R.SAJEEV, THE FORMER HUSBAND OF THE PETITIONER.

Exhibit R3(b) THE TRUE COPY OF THE COMPLAINT DATED 18/9/2020 FILED BY SRI.K.R.SAJEEV BEFORE THE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM.

Exhibit R3(c) THE TRUE COPY OF THE PETITION IN M.C NO.279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATES' COURT, ERNAKULAM

Exhibit R3(d) THE TRUE COPY OF THE PETITION DATED 14/12/2020 IN M.C NO.279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATES' COURT, ERNAKULAM

Exhibit R3(e) THE TRUE COPY OF THE ORDER DATED 11/3/2022 IN CMP NO.1934/2021 IN M.C NO.279/2020 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATES' COURT, ERNAKULAM

Exhibit R3(f) THE TRUE COPY OF THE PLAINT IN OS.NO.191/2021 WP(C) Nos.13978 & 16896 OF 2022

ON THE FILES OF THE MUNSIFF COURT, ERNAKULAM

Exhibit R3(g) THE TRUE COPY OF THE ORDER DATED 17/02/2021 IN IA.NO.2/2021 IN OS NO.191/2021 ON THE FILES OF THE FIRST ADDITIONAL MUNSIFF COURT, ERNAKULAM