IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 33108 of 2010(K) -------------------------------------- PETITIONERS: --------------------- 1. MUHAMED ANZAR, AGED 21 YEARS, S/O.ABDUL RAHUMAN, AYSHA MANZIL, MULLANALLOOR, KUDAVOOR VILLAGE, MARUTHIKUNNU.P.O., PIN-695 603. 2. JASMIN, W/O.MUHAMED ANZAR, AYSHA MANZIL, MULLANALLOOR, KUDAVOOR VILLAGE, MARUTHIKUNNU.P.O., PIN-695 603. BY ADVS. SRI.T.M.ABDUL LATHEEF, SRI.A.MOHAMED RASHEED. RESPONDENTS: ------------------------ 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM ZONE, NANDAVANAM, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM-695 001. 4. THE CIRCLE INSPECTOR OF POLICE, KILIMANNOOR, THIRUVANANTHAPURAM-695 601. 5. THE ASSISTANT SUB INSEPCTOR OF POLICE, PALLICKAL POLICE STATION, THIRUVANANTHAPURAM-695 604. 6. ABDUL HAKKIM, POLICE CONSTABLE, PALLICKAL POLICE STATION, THIRUVANANTHAPURAM-695 604. R1 TO R5 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R6 BY ADV. SRI.SHAJIN S.HAMEED. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33108/2010-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 06/10/2010. EXT.P.2: COPY OF THE RESIDENTIAL/OWNERSHIP CERTIFICATE NO.A2/5698/10 DTD. 10/06/2010. EXT.P.3: COPY OF THE DOCUMENT NO.2291/09 DTD. 09/10/2009. EXT.P.4: COPY OF THE COMPLAINT DTD. 23/10/2010 SUBMITTED BY THE PETITIONERS BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 33108 OF 2010 ============================ Dated this the 23rd day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court seeking the following:- “i)To call for the records relating to Exts.P1 to P4 and to issue a writ of mandamus commanding the respondents 4 to 6 and any police constables under them not to harass the petitioners in any manner by threatening them with severe consequences including implication of criminal case for having married and living together as husband and wife in their building No.NP/IX/1212 of Navaikulam Grama Panchayat and also not to interfere in any manner with the lawful right of the petitioners to live as husband and wife; ii)To issue a writ of mandamus commanding the respondents 1 to 3 to grant sufficient police Wpc 33108/2010 2 protection to the life of the petitiners and the children of the 2nd petitioner who are minors having the age of 3 and 5, to live peacefully in their house in building No.NP/IX/1212, covered by Exts.P2 and P3, without being subjected to any kin of criminal acts or illegal interference in their living as husband and wife; iii) To issue a writ of mandamus commanding the respondents 1 to 3 to conduct enquiry against the conduct of the respondents 4 to 6 in harassing the petitioners and also to register criminal case against them for having illegally interfered with the peaceful living of the respondents in their building No.NP/IX/1212 covered by Exts.P2 and P3”. 2. The case of petitioners in brief is as follows - The petitioners are husband and wife. Marriage took place on 14.10.2010. The second petitioner wife is a divorcee whose marriage was divorced by her earlier husband by pronouncement of 'Talaq'. By way of abundant caution, the petitioners have decided to register their marriage and Wpc 33108/2010 3 accordingly Ext.P1 notice for such marriage was issued. After marriage, they are residing in the residential building of 2nd petitioner. The family members of the first petitioner opposed the marriage mainly in the difference in age between spouses and also that second petitioner is having two children in her earlier marriage. The 6th respondent is a Police Constable and he is the paternal uncle of the first petitioner. He has influenced the local police and they are threatening the petitioners and they will implicate the petitioner in criminal cases. Petitioners 1 and 2 have fled from the said place and they are now living with severe fear, and in a hid outplace to get themselves unnoticed by the police. They want to be in their house peacefully as husband and wife. They filed complaint. Hence they are before us. 3. We heard the learned counsel for the petitioner, learned counsel for 6th respondent and learned Government Pleader. Learned counsel for 6th respondent would submit as follows. He only accompanied the parents of the first petitioner to the police station to prefer a complaint to the effect that first petitioner is missing and he submits that he has no intention to threaten the petitioners in any manner. We record the same and dispose of the writ petition by directing that in case contrary to the Wpc 33108/2010 4 submission made before this court, the petitioners complain of any threat from 6th respondent, to their lives before the 5th respondent, 5th respondent will look into it and if it is found to be genuine, he shall provide protection to the life of the petitioner as against 6th respondent as and when necessary. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk