Dismissed

Beena T.Daniel v. the S.I of Police,Pathanamthitta

Kerala HC4 Aug 2010WP(C)/23194/2010

Case brief

AI extract

What is this about?

This writ petition seeking police protection for the petitioner and minor son was allowed only to close. The court recorded that divorce proceedings were pending. The petition was closed without adjudicating the substantive allegations, directing Family Court to decide the lis untrammeled by this judgment.

What did the court decide?

Petition closed without adjudicating allegations; direction to Family Court to decide lis untrammeled.

Beena T.Daniel Vs the S.I of Police,Pathanamthitta — Matrimonial and Divorce | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH &

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THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS

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WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932

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WP(C).No. 23194 of 2010(Y)

PETITIONER(S):

BEENA T.DANIEL, AGED 37 YEARS, D/O.T.A.DANIEL, THOLOOR HOUSE, KUMBAZHA P.O.,PATHANAMTHITTA.

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ISSAC JOHNSON(MINOR) AGED 7 YERS, S/O.JOHNSON, THOLOOR HOUSE, KUMBAZHA P.O.,PATHANMTHITTA, MINOR REPRESETNED BY HIS MOTHER(FIRST PETITIONER)

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BY ADV. SRI.V.PHILIP MATHEW

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RESPONDENT(S): ------------------------

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THE S.I.OF POLICE,PATHANAMTHITTA,

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THE C.I.OF POLICE, PATHANAMTHITTA.

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THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA.

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C.I.OF POLICE KONNI.

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JOHNSON T.GEORGE, S/O.LATE.T.P.GEORGE, THYKOOTHATHIL HOUSE, THEKKEMALA P.O., KOZHENCHERRY.

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R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC 23194/2010

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PETITIONER'S EXHIBITS:

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EXT.P1.COPY OF LETTER DATED 9.7.2010 ISSUED BY THE PRINCIPAL OF MOUNT BETHANY EMS SCHOOL, MYLAPRA, PATHANAMTHITTA.

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EXT.P2. COPY OF THE REPRESENTATION DATED 17.7.2010 SUBMITTED BY THE IST PETITIONER BEFORE THE 3RD RESPONDENT.

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EXT.P3. COPY OF THE RECEIPT DATED 17.7.2010 ISSUED FROM THE OFFICE OF the 3RD RESPONDENT.

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K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.

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W.P.(C) No.23194 of 2010-Y

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Dated, this the 4^th day of August, 2010

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J U D G M E N T

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K.M.Joseph, J.

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Petitioners seek police protection. Briefly put, the case of the petitioners is as follows: First petitioner and the 5^th respondent are husband and wife. A son was born out of the wedlock. There is allegation of ill treatment. Other allegations are also raised against the 5^th respondent.

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We had directed the parties to be present before the Court. They are present today. We interacted with them also. It is brought to our notice that a petition for divorce has been filed and the petition for restitution of conjugal rights is pending. The 5^th respondent would state that he has no intention to forcibly take away the 2^nd petitioner from the custody of the Ist petitioner or from the school. We record the said submission and close the writ petition. We make it clear that, we have not gone into the correctness of the allegations raised by the petitioners. In

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WPC 23194/2010 -2-

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fact, learned counsel for the 5^th respondent denies the allegations. We make it clear that when the matter comes before the Family Court or any other Court/forum, the said Court/forum shall proceed to decide the lis between the parties untrammeled by anything contained in this judgment.

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(K.M.JOSEPH) JUDGE.

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(M.L.JOSEPH FRANCIS) JUDGE.

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Beena T.Daniel v. the S.I of Police,Pathanamthitta

Case brief

What is this about?

What did the court decide?

Beena T.Daniel v. the S.I of Police,Pathanamthitta

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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