Pantheerankavu case: Kerala HC refers couple to counselling after reconciliation

Kochi: The Kerala High Court on Wednesday directed Rahul P Gopal and his wife to undergo counselling through the Kerala State Legal Services Authority (KeLSA). Rahul was accused of attempting to strangle his wife with a cable wire after she failed to fulfil his dowry demands.

Rahul and his family are facing charges under Sections 324, 498A, 307, and 212 of the Indian Penal Code (IPC). Despite the severity of the allegations, Rahul's wife later posted a YouTube video claiming the accusations against her husband were false. Rahul has since approached the court, seeking to quash the criminal proceedings, stating that the couple had resolved their issues and were willing to live together.

Justice A Badharudeen has ordered that no coercive actions be taken against the petitioners until the next hearing.

“While the allegations are serious, they should not hinder the decision of a husband and wife to live together. Since there are concerns that the victim’s statement supporting the settlement might be made under pressure, I am inclined to refer the parties to counselling through KeLSA. Both parties are directed to attend counselling sessions with a competent counsellor next week, and a report is to be submitted in a sealed cover for the court’s review,” the HC said.

Both Rahul and the complainant appeared in person before the court. They informed the court that the case arose from domestic incidents that are not uncommon in married life and that they intend to live together.

The Public Prosecutor argued that Rahul had been uncooperative during the investigation and had absconded. He referenced an affidavit by the ACP of Kozhikode's Feroke Subdivision, highlighting the gravity of the allegations. The Public Prosecutor also pointed to medical evidence indicating serious injuries inflicted on the complainant, suggesting that she might have agreed to a settlement under duress. However, he also stated that he would not oppose the couple's wish to reconcile.

The court indicated that a decision would be made based on the counselling report. "Today, many marriages are dissolving, reflecting the current social climate. While some allegations seem serious, if a couple decides to reunite and live together, it is not appropriate for the legal system to stand in their way. We must consider both the legal and moral implications, as well as the broader societal equilibrium," Justice Badharudeen said.
(With LiveLaw inputs.)