Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 30TH DAY OF MAY 2023 / 9TH JYAISHTA, 1945 WP(C) NO. 14706 OF 2023 PETITIONER: P.A. RAPHAEL, AGED 63 YEARS, S/O ANTONY, PUTHENPURAKKAL HOUSE, NJARAKKAL P.O., ERNAKULAM, PIN - 682505 BY ADVS. SHERRY J. THOMAS P.J.UNNIKRISHNAN THAMANA BAI JOEMON ANTONY ANTONY NILTON REMELO RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE CIRCLE INSPECTOR OF POLICE NJARAKKAL POLICE STATION, NJARAKKAL, PIN - 682505 3 THE RURAL SUPERINTENDENT OF POLICE POWER HOUSE JUNCTION, SUB JAIL ROAD, PERIYAR NAGAR, ALUVA, KERALA, PIN - 683101 4 K.J. VARGHESE @ BABU AGED 42 YEARSA KANAKKASSERY HOUSE, NEAR WAREHOUSE, KIZHAKKEPURAM, VANIYAKKADU, MANNAM P.O., NORTH PARAVOOR, PIN - 683520 BY ADVS. GOVERNMENT PLEADER T.U.SUJITH KUMAR
BY SRI.RAJEEV JYOTHISH GEORGE - G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :
JUDGMENT
----------------------- Dated this the 30th day of May, 2023 The petitioner states that he is a Senior Citizen. The 4th respondent is the divorced husband of his daughter. The petitioner's daughter filed divorce petition as well as maintenance case against the 4th respondent and divorce was ordered in favour of the petitioner's daughter. Though ordered, no payments were done by the 4 th respondent as directed by the court and warrant is pending against him.
2. The petitioner submits that the 4 th respondent twice
tried to harass the petitioner, daughter and the minor child, by trespassing into their house and threatening them with abusive language. On 26.03.2023, the 4th respondent again trespassed into the house of the petitioner and assaulted him. The party respondent caught the petitioner by shoulder and pushed him :3 : to the wall. The neighbours intervened and the 4 th respondent left the scene. Though complaint is lodged, no action is taken. The petitioner submitted that on various occasions the 4th respondent has approached the petitioner's residence and has caused law and order issue.
3. The petitioner is residing with his wife and the
divorced daughter and the minor child. The petitioner is a Senior Citizen ailing from severe heart diseases. He has overcome a cardiac attack and also undergone angioplasty. He cannot physically resist the 4th respondent. The petitioner apprehends threat to his life and further assault and trespass by the 4th respondent.
4. Counsel entered appearance on behalf of the
4th respondent. On behalf of the 4th respondent, it is submitted that he visited the house of the petitioner only to meet his son aged 12 years. The 4th respondent does not want to cause any trespass or violence against the petitioner. The 4 th respondent has no intention to do so in future. :4 : In view of the specific submissions made on behalf of the 4th respondent, recording the said submission, the writ petition is disposed of. Sd/- N. NAGARESH JUDGE sss :5 : APPENDIX OF WP(C) 14706/2023 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER OF DIVORCE IN O.P. NO. 1732/2018, DATED 22-07- 2021.
EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER
DATED 24-04-2019 IN MC. NO 282/2018. EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED 26-03-2023.