High Court Kerala High Court

Sijo M.Mathew vs State Of Kerala on 2 June, 2010

Kerala High Court
Sijo M.Mathew vs State Of Kerala on 2 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13378 of 2010(V)


1. SIJO M.MATHEW, MUNDUVALAYIL HOUSE,
                      ...  Petitioner
2. MONISHA.P.R. PANACKAL HOUSE,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. SUPERINTENDENT OF POLICE,

3. DEPUTY SUPERINTENDENT OF POLICE,

4. CIRCLE INSPECTOR OF POLICE, DEVIKULAM,

5. SUB INSPECTOR OF POLICE,

6. THE SUB REGISTRAR, MUNDIYERUMA S.R.O.,

                For Petitioner  :SRI.GEORGEKUTTY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :02/06/2010

 O R D E R
            K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
          ------------------------------------------------------
                  W.P.(C) No.13378 of 2010-V
             ----------------------------------------------
               Dated, this the 2nd day of June, 2010

                           J U D G M E N T

K.M.Joseph, J.

Government Pleader takes notice for the Ist

respondent. Service is complete.

2. The petitioners have approached this Court

seeking the following reliefs:–

“i) to issue a writ of mandamus directing respondents 2

to 5 not to harass the petitioners by way of unnecessary

investigations so as to prevent their peaceful living

together;

ii) to issue a writ of mandamus directing respondents 2

to 5 to grant adequate and effective police protection to

the petitioners to go to the office of the 6th respondent

for the registration of Ext.P3 marriage agreement under

the Special Marriage Act; and

iii) to issue a writ of mandamus directing respondent

No.6 to register the marriage of the petitioners as per

the laws, immediately in the interest of justice.”

3. Briefly put, the case of the petitioners is as

follows:– Petitioners have completed the age of 18 years. It

is stated that the petitioners were in love and they decided to

marry. They have entered into Ext.P3 agreement of marriage.

They approached the 6th respondent for registration of their

marriage. The 6th respondent issued notice. Ext.P4 is the

acknowledgment. Petitioners are living together after Ext.P3

WPC 13378/2010 -2-

marriage agreement. There is opposition from the family

members of the 2nd petitioner. It is stated that on religious

grounds they declared that the marriage will be prevented.

Now, respondents 2 to 5 are harassing the petitioners at the

instance of certain family members of the 2nd petitioner.

Petitioners got reliable information that certain relatives of the

2nd petitioner will cause obstruction for the registration of

marriage of the petitioners under the Special Marriage Act.

Petitioners have produced Ext.P5 certificate of marriage issued

under the Special Marriage Act along with I.A.No.6800/2010.

It is stated in the affidavit in support of the petition that the

marriage of the petitioners was registered on 11.5.2010.

In the light of the facts and circumstances of the

case we dispose of the writ petition directing that respondents

2 to 5 shall not harass the petitioners on the basis of their

living together.

(K.M.JOSEPH)
JUDGE.

(M.L.JOSEPH FRANCIS)
JUDGE.

MS