Kerala High Court
Dr.Mohammad Shafi K.S vs Dr.Asha Vahab
Author: Manjula Chellur
Bench: Manjula Chellur, V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 9TH DAY OF APRIL 2012/20TH CHAITHRA 1934
WP(C).No. 6791 of 2012 (Y)
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PETITIONER(S):
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DR.MOHAMMAD SHAFI K.S
S/O K.K. SHAMSUDHEEN, ROSSARS WILLA, CHEMMANTHOOR
PUNALUL, KOLLAM DIST. PIN CODE-691305.
BY ADVS.SRI.T.K.SAIDALIKUTTY
SRI.M.I.JOHNSON
SRI.T.K.MOIDEEN KUTTY
RESPONDENT(S):
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1. DR.ASHA VAHAB
D/O. M. ABDUL VAHAB, T.C.20/1546, NISHAS
SASTRI NAGAR WEST 30, KARMANA P.O.
THIRUVANANTHAPURAM PIN:695 002.
2. MR. M. ABDUL VAHAB,
T.C.20/1546, NISHAS, SASTRI NAGAR WEST 30
KARMANA P.O., THIRUVANANTHAPURAM PIN:695 002.
3. SRI. BALACHANDRAN K.V.,
SUPERINTENDENT OF POLICE, KOLLAM RURAL, KOTTARAKKARA
KOLLAM DIST.
4. STATE OF KERALA,
REPRESENTED BY THE SECRETRY (HOME) DEPARTMENT SECRETARIAT
THIRUVANANTHAPURAM-1.
BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN.
BY ADV. SRI.K.A.VINOD ANTONY
BY ADV. SRI.KRISHNA PRASAD. S
BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) NO.6791 OF 2012
PETITIONER(S) EXHIBITS
EXHIBIT P1: A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE MANGALAM DAILY
DATED 17.9.2011, IN WHICH THE PHOTOGRAPH OF THE 1ST
PETITIONER RECEIVING AN AWARD FROM THE MUNICIPAL
CHAIRPERSON SMT. VIMALA GURUDASAN FOR BEING SELECTED AS the
DOCTOR OF THE VILLAGE.
EXHIBIT P1(a): A TRUE ENGLISH TRANSLATIONOF THE DESCRIPTION BELOW EXT.P1
PHOTOGRAPH.
EXHIBIT P2: A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE KERALA KAUMUDI
DAILY DATED 26.5.2011 IN WHICH THE PHOTOGRAPH OF THE 1ST
PETITIONER RECEIVING A MEMENTO FROM THE MANAING DIRECTOR
FOT HE KERALA KAUMUDI DAILY MR. M.S.RAVI.
EXHIBIT P2(a): A TRUE ENGLISH TRANSLATION FO THE DESCRIPTION BELOW
EXT.P2:
EXHIBIT P3: A TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT IN CRIME
NO. 256 OF 2010 REGISTERED BY THE PUNALUR POLICE STATION.
EXHIBIT P3(a): A TRUE ENGLISH TRANSLATIONOF THE RELEVANT PORTION IN
MALAYALAM IN EXT.P3.
EXHIBIT P4:A TRUE COPY OF THE THALAK NAMA DATED 15.4.2011 ISSUED TOT HE
1ST RESPONDENT.
EXHIBIT P4(a): A TRUE ENGLISH TRANSLATION OF THE RELEVANT PORTION IN
MALAYALAM IN EXT.P4.
EXHIBIT P5: A TRUE COPY OF THE THALAK NAMA DATED 5.6.2011 ISSUED BY THE
PETITIONER.
EXHIBIT P5(a): A TRUE ENGLISH TRANSLATION OF THE RELEVANT PORTION IN
MALAYALAM IN EXT.P5.
EXHIBIT P6: TRUE PHOTOCOPY OF THE LAST THALAK NAMA DATED 15.7.2011
ISSUED BY THE PETITIONER.
EXHIBIT P6(a): A TRUE ENGLISH TRANSLATION OF THE RELEVANT PORTION IN
MALAYALAM IN EXT.P6.
EXHIBIT P7: A TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE PUNALUR
ALANCHERRY MUSLIM JAMA-ATH DATED 4.11.2011.
EXHIBIT P7(a): A TRUE ENGLISH TRANSLATION OF THE RELEVANT PORTION
PERTAINING TO THE DISSOLUTION OF MARRIAGE BETWEEN THE
PETITIONER AND THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS
NIL.
//TRUE COPY//
P.S. TO JUDGE.
MANJULA CHELLUR, Ag.C.J. &
V.CHITAMBARESH, J.
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W.P.(C) NO.6791 of 2012
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Dated this the 9th day of April, 2012
J U D G M E N T
Manjula Chellur, Ag.C.J. Heard the learned counsel for the petitioner, the learned counsel for the party respondents as well as the State Attorney.
2. The petitioner has approached this Court seeking an order against so called harassment at the instance of the respondent police on the persuation of his wife who is none other than the first respondent. From the submissions of the State Attorney, party respondent's counsel as well as the counsel for the petitioner, we note that both the petitioner and the first respondent lived for some time and they even have an eight year old son. According to the counsel for the respondents, the petitioner wants to give invalid Talaq nama to her. According to the State Attorney, a complaint against the petitioner for the offence under Section 498A of the Indian Penal Code came to be filed by the first respondent wife and in that connection the petitioner was summoned to the police station along with the first respondent. W.P.(C) No.6791 of 2012 2 However, later the first respondent has approached the concerned police requesting them not to proceed with the matter as she wants to live with her husband.
Recording these submissions, we dispose of the writ petition as no circumstance warrants any direction from this Court. The parties are at liberty to approach the concerned forum, if they want to settle their matrimonial rights.
MANJULA CHELLUR, Acting Chief Justice.
V.CHITAMBARESH, Judge.
nj.
MANJULA CHELLUR, Ag.C.J. & V.CHITAMBARESH, J.
-------------------------------------- W.P.(C) No.6791 of 2012
JUDGMENT Dated:- 9th April, 2012
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