High Court Kerala High Court

Nikhil Dayan vs Sudharakan.K.K on 11 November, 2008

Kerala High Court
Nikhil Dayan vs Sudharakan.K.K on 11 November, 2008
       

  

  

 
 
  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.
                  .................................................
                    W.P.(Crl. ) No. 400 OF 2008
                  .................................................
                   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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