Petition challenged police inaction in tracing missing husband. Court held investigation officer states husband is alive but evading payment for maintenance. Writ not appropriate remedy.
Petition dismissed without prejudice to petitioner's right to approach appropriate court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942
WP(C).No.15208 OF 2020(A)
PETITIONER/S:
K.R.SANTHAMNI AGED 62 YEARS S/O.SADASIVAN PILLAI, CHEMBAKASSERY KOTTARAM, ARANMULA P.O., MALLAPPUZHASSERY, PATHANAMTHITTA DISTRICT- PIN-689 533.
BY ADV. SMT.P.V.SOBHANA
RESPONDENT/S:
R1 BY GOVERNMENT PLEADER
SR.PP.AMJAD ALI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 15208 of 2020
JUDGMENT
Dated this the 24th day of November, 2020
The writ petition is filed raising a grievance that, in spite of filing complaint, the police is not taking action to trace out the petitioner's missing husband.
2. As per the statement filed by the investigating officer, the petitioner's husband is very much alive and is keeping away since the petitioner has initiated action for realization of maintenance and other amounts from him.
In such circumstances, it is for the petitioner to resort to the legal remedies available, to compel her husband to pay the amount, if any, due to her. A petition under Article 226 not being the remedy, this writ petition is dismissed, without prejudice to the
W.P.(C) No. 15208 of 2020
-3-
petitioner's right to approach the appropriate
court/forum.
Sd/- V.G.ARUN JUDGE
Scl/24.11.2020
W.P.(C) No. 15208 of 2020
-4-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 2/3/20 GIVEN TO THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 2/3/20 GIVEN TO THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 2/3/20 GIVEN TO THE CHIEF MINISTER OF KERALA.
EXHIBIT P4 TRUE COPY OF THE REPLY ISSUED TO ME UNDER THE RIGHT TO INFORMATION ACT, DATED 24/6/2020
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN (CRL.OP. (M)NO.19255/2016 DATED 18/9/2018
2 issues framed by the court
Whether Article 226 writ jurisdiction extends to compel police action to trace a husband who is refusing maintenance but is known to be alive.
Whether the appropriate remedy to compel an estranged husband to pay maintenance is the writ court or civil fora.
1 provisions across 1 enactments
K.R.Santhamni
The State of Kerala
The Superintendent of Police Pathanamthitta
The Deputy Superintendent of Police Pathanamthitta
Circle Inspector of Police Pathanamthitta
Sub Inspector of Police Pathanamthitta
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
