THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 10304 of 2025

O R D E R

Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for the official respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that respondent Nos.4 & 5 are calling the petitioner to the 4^th respondent-police station and harassing him by threatening to settle the family disputes with his wife, which action of the respondents-authorities, it is contended as highly illegal, arbitrary, and without sanction of law.

3. Per contra, learned Government Pleader appearing on behalf of respondents-authorities submits that one Smt K.Bhargavi had approached the 4^th respondent-authority and lodged a complaint on 24.03.2025 against the petitioner herein, whom the complainant had claimed to be her husband, having necked her out of the house by taking custody of her children.

4. Learned Government Pleader further submits that since, the aforesaid complaint has been lodged by none other than the petitioner’s wife, the authorities having regard to the law laid down by the Apex Court in Lalita Kumari vs Govt.Of U.P.& Ors, 2014 (2) SCC 1 had made a GD entry and called the petitioner to the police station before taking further action on the aforesaid complaint lodged.

5. Learned Government Pleader would further submits that the respondents-authorities except causing preliminary enquiry into the complaint lodged by the petitioner’s wife, are neither harassing nor threatening the petitioner to settle the family disputes with his wife, and that the petitioner was called only for the purpose of enquiry into the aforesaid complaint lodged against him.

6. I have taken note of the respective submissions made.

7. Since, the petitioner’s wife, Smt K.Bhargavi, having approached the 4^th respondent-authority and lodged a complaint on 24.03.2025 claiming to have been beat by the petitioner herein and the petitioner having forcefully taken custody of the children from her, and as the case being matrimonial in nature, and the Hon’ble Supreme Court in Lalita Kumari’s case (1 supra) having

directed the respondents-authorities not to register a case immediately and had issued directions to the police-authorities to call the person, against whom such a complaint is made, and make efforts to resolve the same, the action of the respondents- authorities in calling the petitioner to the police station basing on the complaint made by the petitioner’s wife, cannot be said as either illegal, arbitrary or in violation of Article 21 of the Constitution of India.

8. Further, as the respondents have now informed this Court that except for the purpose of counseling into the aforesaid complaint lodged by the petitioner’s wife, the respondents- authorities are not harassing/threatening the petitioner to settle the family disputes with the petitioner’s wife, this Court is of the view that the aforesaid submission made by the learned Government Pleader appearing on behalf of respondents- authorities is to be placed on record and the respondents are to be directed to conduct enquiry into the aforesaid complaint and take further action, strictly in accordance with law.

9. Subject to the above observation and direction, the Writ Petition is disposed of. No order as to costs.

10. Consequently, miscellaneous petitions, if any, pending shall stand closed.

_____________________ T. VINOD KUMAR, J

07^th April, 2025

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THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 10304 of 2025 Dt.07.04.2025 gra