Disposed

Baby Mohanan v. Station House Officer

Kerala HC18 Nov 2020WP(C)/15944/2020

Case brief

AI extract

What is this about?

The High Court at Ernakulam made the interim order dated 06.08.2020 absolute, directing police to afford protection to the senior citizen petitioner from her abusive son. The Court also directed a lady officer to visit the petitioner bi-weekly to ensure her safety while the complaint under the Parents and Senior Citizens Act proceeds.

What did the court decide?

Made the interim order absolute; directed 2nd Respondent to depute a lady officer to visit the petitioner once in two weeks for safety verification.

Baby Mohanan Vs Station House Officer — Domestic Violence | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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WP(C).No.15944 OF 2020(P)

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PETITIONER:

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BABY MOHANAN AGED 62 YEARS W/O.MOHANAN, JUTHANADAPPIL, PANAMBUKAD, VALLARPADAM, MULAVUKAD VILLAGE, ERNAKULAM DISTRICT-682504, MULAVUKAD POLICE STATION LIMIT.

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BY ADV. SRI.V.V.SURESH

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RESPONDENTS:

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1 STATION HOUSE OFFICER, MULAVUKAD POLICE STATION, MULAVUKAD.P.O., ERNAKULAM DISTRICT-682504.

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2 SUB INSPECTOR OF POLICE, VANITHA POLICE STATION, NORTH, ERNAKULAM-682018.

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3 THE ASSISTANT COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM-682016.

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4 COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM-682016.

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5 R.D.O. ERNAKULAM, O/O. THE RDO, FORT KOCHI, ERNAKULAM-682001.

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6 RAJMOHAN, S/O.MOHANAN, JUTHANADAPPIL, PANAMBUKAD, VALLARPADAM, MULAVUKAD VILLAGE, ERNAKULAM DISTRICT-682504.

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R6 BY ADV. SRI.C.P.PEETHAMBARAN

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SRI BIMAL K NATH SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15944 OF 2020

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JUDGMENT

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The petitioner is a senior citizen. She is the mother of the 6th respondent and a fish vendor by profession. According to the petitioner, the 6th respondent is in the habit of consuming alcohol and in a state of inebriation subjects her to physical and mental abuse. Left with no alternative, she has lodged complaints before the respondents 3 and 4. She also states that invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the petitioner has approached the 5th respondent as well. However, no assistance was rendered to her to live without harassment from the side of her own son. It is in the afore circumstances that she has approached this court seeking the following relief:

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(i) To issue a writ of mandamus or any other appropriate writ order or direction to the respondents 1 to 4 to give adequate protection from the 6th respondent after evicting him from the petitioner's house.

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The learned Government Pleader on instructions submits that

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pursuant to the orders passed by this Court on 06.08.2020, the police have intervened and they are taking care to ensure that no harm is caused to

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WP(C).No.15944 OF 2020

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the petitioner by the 6th respondent. It is submitted that the enquiry revealed that the 6th respondent is an alcoholic and that he has been continuously harassing the lady.

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Sri. C.P. Peethambaran, the learned counsel who appeared for

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the 6th respondent submitted that he along with his family consisting of minor children are living with the petitioner in the same house. It is in order to drive them out that the petitioner has approached this Court raising frivolous accusations.

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I have considered the submissions advanced and have perused the records. This Court by order dated 6.8.2020 had passed an interim order directing the respondents 1 and 2 to afford adequate protection to the life and property of the petitioner from any incursions by the 6th respondent. Taking note of the submissions advanced by the learned counsel appearing for both sides and the learned Government Pleader, I am satisfied that the interim order is required to be made absolute. I do so. As the complaint lodged by the petitioner is pending before the 5th respondent and as it is submitted that she has invoked the provisions of The Maintenance and Welfare of the Parents and Senior Citizens Act,2007, the respondent shall take the same on file and proceed in accordance with law. The 2nd respondent shall depute a lady officer to visit the petitioner

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WP(C).No.15944 OF 2020

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once in two weeks to ascertain that she is not being subjected to any abuse or harassment by the 6th respondent or any other person.

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With these directions, this writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C).No.15944 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE COMMISSIONER OF POLICE, KOCHI DATED 15.7.2020.

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EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE ASSISTANT COMMISSIONER KOCHI CITY DATED 15.7.2020.

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EXHIBIT P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE RDO, KOCHI DATED 15.7.2020.

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EXHIBIT P4 TRUE COPY OF THE DISCHARGE SUMMERY, GENERAL HOSPITAL ERNAKULAM DATED 12-092020.

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EXHIBIT P5 TRUE COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT DATED 03.10.2020.

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RESPONDENTS' EXHIBITS:

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NIL

Baby Mohanan v. Station House Officer

Case brief

What is this about?

What did the court decide?

Baby Mohanan v. Station House Officer

Case brief

What is this about?

What did the court decide?

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