Police clearance certificates cannot be denied based on ongoing family court proceedings if the applicant has no criminal involvement.

JUDGMENT

The prayers in the Writ Petition are as follows:

“i) To issue a Writ of mandamus or any other appropriate Writ order or direction, directing the 1^st Respondent to issue a police clearance certificate to the petitioner within a time frame to be fixed by this Hon’ble Court;

ii) to declare that the proceedings pending between the husband and wife in a family court is not a ground for denying police clearance certificate and orders will be passed accordingly.

Iii) To dispense with filing of the translation of vernacular documents iv) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.”

2. The petitioner got appointment as a Firewoman in the Kerala Fire and Rescue Services Department as per the proceedings of the Kerala Public Service Commission dated 08.08.2025. She was selected for training on 07.10.2025. She applied for a Police Clearance Certificate to respondent No.1.

2. The grievance of the petitioner is that respondent No. 1 did not issue the Police Clearance Certificate as required, on the ground that the petitioner’s husband filed an Original Petition seeking restitution of conjugal rights against her before the Family Court, Malappuram, as O.P. No. 955 of 2024.

3. As per Section 59 of the Kerala Police Act , 2011, the District Police Chief or the Station House Officer may, on the application of any person, after suitable enquiries, give a Certificate to the effect that such person is not involved in any offence.

4. The learned Public Prosecutor submitted a report stating that the petitioner is not involved in any criminal cases. It is also submitted that a report to that effect has been submitted to the Regional Fire Officer, Fire and Rescue Services, Kozhikode.

5. As the petitioner is not involved in any criminal cases, the respondents are bound to give a Certificate as provided in Section 59 of the Kerala Police Act .

Therefore, the Writ Petition is allowed. The respondents are directed to issue a Certificate of Non- Involvement in Offences to the petitioner within a week from the date of production of a certified copy of this judgment.