High Court Kerala High Court

Janeesh.K.J. vs U.K.Mohammed on 6 October, 2008

Kerala High Court
Janeesh.K.J. vs U.K.Mohammed on 6 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 326 of 2008(S)


1. JANEESH.K.J., AGED 25 YEARS,
                      ...  Petitioner

                        Vs



1. U.K.MOHAMMED, YUKEY HOUSE,
                       ...       Respondent

2. THE DISTRICT SUPERINTENDENT OF POLICE,

3. THE STATION HOUSE OFFICER, SULTHAN

                For Petitioner  :SRI.M.G.KARTHIKEYAN

                For Respondent  :SRI.SUNNY MATHEW

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :06/10/2008

 O R D E R
               KURIAN JOSEPH & K.T.SANKARAN, JJ.
             -------------------------------------------------------------
                      W.P.(CRL.) NO. 326 OF 2008
             -------------------------------------------------------------
                   Dated this the 6th October, 2008


                                JUDGMENT

Kurian Joseph, J.

The petitioner, first respondent and Smt.Sulfath, her sister and

uncle are present. We also had the assistance of Smt.Sohara, the

counsel practicing before this Court. Smt.Sohara reports that she

talked to the parties for several hours. It is also submitted that

Smt.Sulfath has lived with the petitioner as wife for around a month and

hence she is not in a position to forget him and think of another life,

despite the emotionally charged conduct of her father, sister, uncle etc.

We also have inter-acted with Smt.Sulfath and the petitioner and his

father and uncle, who are present before this Court. Petitioner submits

that unto death they will not part and members of the family also

undertake that they will look after the petitioner and their daughter-in-

law, Smt.Sulfath. Smt.Sulfath being educated, matured and aged 23, in

view of her desire to go with the petitioner and also in view of the

background of their marriage and living together for around a month, we

permit Smt.Sulfath to go with the petitioner.

2. We direct the first respondent and members of the family not

to cause any harassment to the petitioner or Smt.Sulfath or other

W.P.(CRL.) NO.326 OF 2008

:: 2 ::

members of the family of the petitioner. In the event of any such problem,

it will be open to the petitioner and members of his family to report the

same to the Superintendent of Police, Palakkad, in which case, necessary

assistance will be given to them.

3. Smt.Sulfath submits that her certificates and other personal

belongings are with her father. Learned counsel for the first respondent,

Sri.Sunny Mathew, submits that all such personal articles and other

belongings can be handed over to Smt.Sulfath through counsel.

Therefore, we direct Sri.U.K.Mohammed (first respondent) to hand over

the certificates and other personal articles of Smt.Sulfath to Sri.Sunny

Mathew, who shall hand over the same to Sri.M.G.Karthikeyan, learned

counsel appearing for Smt.Sulfath.

The Writ Petition is disposed of as above.

(KURIAN JOSEPH)
Judge

(K.T.SANKARAN)
Judge
ahz/