IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 400 of 2008(Y)
1. NIKHIL DAYAN, S/O DHAYANANDAN.K.M,
... Petitioner
Vs
1. SUDHARAKAN.K.K, SREEVIHAR, EROOR.P.O,
... Respondent
2. SREEDEVI.K.B, W/O.SUDHAKARAN.K.K,
3. THE SUB INSPECTOR OF POLICE, HILL PALACE
4. THEK CIRCLE INSPECTOR OF POLICE,
5. TE CITY POLICE COMMISSIONER,
For Petitioner :SRI.K.R.VINOD
For Respondent :SRI.C.C.PADMAKUMAR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/11/2008
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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W.P.(Crl. ) No. 400 OF 2008
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Dated this the 11th November, 2008
J U D G M E N T
Kurian Joseph, J:
The parties, including the alleged detenue Sreelakshmi,
daughter of the first respondent, are present. Miss. Sreelakshmi
submits that she is in love with the petitioner for quite sometime and
they want to get married. It is also submitted that they have given
notice before the Marriage Officer, Thripunithura under the Special
Marriage Act on 30.09.2008 and that only because of the objections
raised by respondent Nos.1 and 2, her parents, the marriage could not
take place. Sreelakshmi further submits that she is firm in her
decision.
2. We had the assistance of Adv. Shri V. Chithambaresh, Sr.
Counsel as a mediator in this case. It is reported that Miss.
Sreelakshmi is firm in her decision and that she does not want to go
with respondent Nos.1 and 2. The first respondent and his son, who is
the elder brother of Sreelakhsmi submit that if that be the situation
they do not want to take her forcibly. It is also submitted by them
that they do not want to pursue the objection raised by them before
the Marriage Officer, Thripunithura and they wish that she shall not
W.P.(Crl. ) No. 400 OF 2008
2
have any difficulty in future. The petitioner’s parents, who are also
present before this Court submit that they will see that the marriage
between the petitioner and Sreelakshmi under the Special Marriage Act
is performed without any further delay and that they will look after
Sreelakshmi as their own daughter and she will not have any
problem. The petitioner and Sreelakshmi submit before us that they
will not part until death separates them.
3. We permit Miss. Sreelakshmi to go with the parents of the
petitioner. We further direct the parents of the petitioner to perform
their marriage without any further delay.
The Writ Petition is disposed of.
KURIAN JOSEPH,
JUDGE.
K.T. SANKARAN,
JUDGE.
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