IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(Crl.).No. 326 of 2008(S) PETITIONER: JANEESH.K.J., AGED 25 YEARS, S/O.JANARDHANAN, THEKKEKKARA HOUSE, MELEPPURAM, OLAVAKKODU, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS : 1. U.K.MOHAMMED, YUKEY HOUSE, POOMALA POST, SULTHAN BATHERI, WYNAD DISTRICT. 2. THE DISTRICT SUPERINTENDENT OF POLICE, WYANAD. 3. THE STATION HOUSE OFFICER, SULTHAN BATHERI POLICE STATION, SULTHAN BATHERI, WYANAD DISTRICT. R1 BY ADV. SRI.SUNNY MATHEW GOVERNMENT PLEADER SRI.MOHAMMED ANSAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE ACKNOWLEDGEMENT FOR RECEIPT OF MONEY DATED 14.7.2008, ISSUED BY THE SUIB REGISTRAR OFFICE, OLAVAKKOD. EXT.P2 PHOTOCOPY OF THE CONVERSION CERTIFICATE ISSUED BY THE GENERAL SECRETARY, VISHVA HINDU PARISHAD, KERALA. EXT.P3 PHOTOCOPY OF THE MARRIAGE CERTIFICATE DATED 23.7.2008 ISSUED BY THE SECRETARY, PAVAKULAM SREE MAHADEVA TEMPLE, KALOOR, KOCHI – 17. EXT.P4 PHOTOCOPY OF THE CERTIFICATE OF MARRIAGE DATED 31.7.2008 ISSUED BY THE HEALTH OFFICER & REGISTRAR OF BIRTH, DEATH AND MARRIAGE, CORPORATION OF COCHIN. EXT.P5 PHOTOCOPY OF THE AGREEMENT DATED 27.7.2008 EXECUTED BY THE FIRST RESPONDENT IN FAVOUR OF THE PETITIONER. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ 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/