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2015 Supreme(Ker) 98

B.KEMAL PASHA
Shima – Appellant
Versus
Navas – Respondent


Advocate Appeared:
For the Petitioner:T.H. Abdul Azeez, Advocate
For the Respondents:R2 to R5, Anil Xavier, M. Shaheed Ahmad, M. Rishikesh Shenoy, O.K. Deepamol, E.V. Babychan, Advocates, R6, Jibu P. Thomas, Government Pleader

JUDGMENT:-

1. This Court has noted a situation wherein a lady was thrown out of her shared household, allegedly by her in-laws, who are hand in gloves with her husband. Her husband has been watching and enjoying the procedure by sitting behind the curtain.

2. This is a case wherein the learned Magistrate has passed a residence order. That order was not obeyed. She again approached the learned Magistrate through Ext.P5 Crl. M.P for getting police aid for the implementation of the order. The learned Magistrate passed Ext.P6 order on 16.01.2015, thereby directing the Station House Officer concerned to give necessary police aid. It was averred in the petition that by that time the house was locked and the respondents have gone away from there for restraining the woman from gaining an entry into the house.

3. As the concerned police officer was not directed to open the house for enabling the woman to gain entry, the police expressed their inability. Even though she has prayed for a better order, her cries fell in deaf ears, and strangely, it invited a prolonged adjournment of the case. The petitioner has come up with a prayer for directing the learned Magistrate to pass an order in terms










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