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Jisha Francis vs State Of Kerala

High Court Of Kerala|11 June, 2014
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JUDGMENT / ORDER

Ramachandra Menon,J
The writ petitioner girl, aged 19 years stated as pursuing her studies for the 2nd year BCom in Tamil Nadu, is before this Court, alleging harassment by her step father, who is the 5th respondent herein, and seeks for police protection.
2. The case of the petitioner is that, her biological father left her when she was 2 years of age and thereafter, her mother married the 5th respondent. While pursuing her studies, the petitioner fell in love with a person by name Saneesh, aged 27 years, who is stated as working abroad. They got married each other and they wanted to live peacefully, which sought to be intercepted by the 5th respondent. It is stated that the 5th respondent is pursuing steps to separate the petitioner from her husband. The petitioner has come to know from reliable sources that some case has been filed by the 5th respondent before the W.P.(C) No.14736 of 2014 2 Courts in Madras. It is stated that the petitioner is ready and willing to appear in any Court in Tamil Nadu. But she is not in a position to face the harassment by the 5th respondent and hence she has approached the police seeking to extend necessary relief in this regard. Since the request made by the petitioner is not considered by the police, she is constrained to approach this Court by filing the present writ petition.
3. The learned Government Pleader appearing for respondents 1 to 4 submits that, the 5th respondent herein, who is the step father of the petitioner, has already approached the Madurai Bench of the High Court of Tamil Nadu by filing a writ petition of Habeas Corpus and that matter is pending. It is also stated that, no complaint, whatsoever, has been preferred by the petitioner before the police so far and if any such complaint is filed, the same will definitely be looked into and appropriate remedial measures would be taken to meet the situation.
4. In the above circumstances, this Court does not find that this is a fit case to pass any positive orders. It is always open for the petitioner, who is a major, to appear before the Madurai W.P.(C) No.14736 of 2014 3 Bench of the High Court of Tamil Nadu/ or such other Court/Forum if any case is pending there and make appropriate submissions so as to safe guard her rights and interests. Interference is declined.
The writ petition is dismissed accordingly.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 12/06
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Title

Jisha Francis vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
11 June, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • Smt
  • K P Santhi Sri Rilgin
  • V George