IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(Crl.).No. 424 of 2008(S) --------------------------- PETITIONER(S): --------------- ANEESH.K.S., AGED 28 YEARS, S/O.SADANANDAN, KUDIYIL HOUSE, ONAMPILLY, OKKAL P.O., CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. 2. SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU. 3. GIREESH.S., G.B.NIVAS, ENCHALAKKAL SARKARA, CHIRAYINKEEZHU. 4. LAILA GIRIJA A.K., W/O.GIREESH, G.B.NIVAS, ENCHALAKKAL SARKARA, CHIRAYINKEEZHU. ADV. SRI.B.JAYASURYA FOR R3 & 4th respondent GOVT.PLEADER SRI.NOBLE MATHEW. ADV.SMT.S.KARTHIKA (MEDIATOR) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.CRL.NO.424/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT. 21.1.2008 IN W.P.CRL. 16/2008. EXT.P2 : TRUE COPY OF THE LETTER SENT BY THE WIFE OF THE PETITIONER MRS.BAJA DATED 31.1.2008. EXT.P3 : TRUE COPY OF THE COMPLAINT DT. 16.2.2008 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT WITH COPY TO THE SECOND RESPONDENT. EXT.P4 : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 19.2.2008 IN W.P.(CRL) 53/2008. EXT.P5 : TRUE COPY OF THE O.P.NO.389 /2008 DATED 12.3.2008 ON THE FILE OF THE FAMILY COURT, ERNAKULAM. EXT.P6 : TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.11.2008. KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- W.P(Crl.)No.424 of 2008 ----------------------------------------- Dated this the 28th day of November, 2008 JUDGMENT Kurian Joseph,J. The parties are present. We had the assistance of Smt.Karthika as Conciliator. We also have interacted with the parties. Smt.Baja submits that she had lived with the petitioner as husband and wife for a few months and she in fact had conceived a child also. However, the embryo was terminated after two months. She further submits that she cannot think of any other marriage and she wants to go with the petitioner Aneesh. 2. The father and mother of Baja submit that Baja is still not in a position to take an independent decision and she may be permitted to go with the parents. It is further submitted that if in any case Baja insists to go with the petitioner it may be made clear that she may not trouble the parents hereafter. It is also submitted that the petitioner and members of his family may not harass them. Sri.Aneesh submits that he and members of his family will not cause any disturbance or trouble to the 3rd and 4th respondents or the members of their family. However, we make it clear that in the unlikely event of any such situation it will be open to respondents 3 and 4 to bring the same to the notice of the second respondent in which case the second W.P(Crl.)No.424 of 2008 -:2:- respondent will see that effective assistance is given to respondents 3 and 4. 3. The brother and sister of Aneesh are also present. Though Sri.Aneesh submitted that he had tied a thaly around Baja's neck in a temple at Varkala, there is no valid proof of marriage by way of a certificate or receipt issued by the temple. Therefore, we direct the brother and sister of Aneesh to take Aneesh and Baja with them and see that they are duly married. We permit Baja to go with the brother and sister of Aneesh and after the marriage it will be open to Baja to live with Aneesh. In this context we also record the submission made by Aneesh and Baja that they will not part until death separates them. 4. The petitioner is permitted to withdraw the amount of Rs.5,000/- deposited pursuant to our order dated 17-11-2008. 5. We record our appreciation for the efficient service rendered by Smt.Karthika. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- W.P(Crl.)No.424 of 2008 ---------------------------- JUDGMENT 28th November 2008