IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(Crl.).No. 482 of 2011(S) --------------------------- PETITIONER(S): --------------- SANOJ, AGED 27 YEARS S/O.LATE KARAPPAN, PACHAMPILLY HOUSE PANANGAD PO, SREE NARAYANA PURAM VILLAGE KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.ONEAL SABU RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLUR CIRCLE OFFICE KODUNGALLUR, THRISSUR - 680 664. 2. THE SUB INSPECTOR OF POLICE MATHILAKAM POLICE STATION KODUNGALLUR, THRISSUR - 680 685. 3. UNNIKRISHNAN, AGED ABOUT 51 S/O.KANDAKUTTY, CHENNAR HOUSE NEAR KATTUPARAMBIL TEMPLE, ULLAS VALAVU PO, P. VEMBALLUR SREE NARAYANA PURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DIST. BY SR.G.P.SRI.T. RAMA PRASAD UNNI FOR R1 & R2 ADV. SMT.M.M.DEEPA FOR R3 SRI.V.A.JOHNSON (VARIKKAPPALLIL) FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 482 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOSTAT COPY OF ACKNOWLEDGEMENT FOR RECEIPT OF MONEY DATED 17.10.2011 ISSUED BY SUB REGISTRAR OFFICE, MATHILAKAM. EXT.P2: TRUE PHOTOSTAT COPY OF REPRESENTATION DATED 19.10.2011 PREPARED FOR SUBMITTING BEFORE THE 1ST RESPONDENT. EXT.P3: TRUE PHOTOSTAT COPY OF REPRESENTATION DATED 19.10.2011 PREPARED FOR SUBMITTING BEFOR THE 2ND RESPONDENT. TKS // TRUE COPY // P.S.S TO JUDGE THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.482 of 2011 ---------------------------------------- Dated this the 27th day of October, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner says that he is in love with the girl described in paragraph 2 of this writ petition. She is a major. She is undergoing M.Com. Degree course. She is present today with her parents and her younger sister who is undergoing B.Com. Degree course. We have interacted with her. She is well oriented. She owns having issued the notice of intention to marry under the Special Marriage Act. We record her statement to us that she desires to marry the petitioner, however that, she would go with her parents and would marry the petitioner only with the blessings of her parents. As of now, wee see that she speaks on her own and is not under illegal detention. We spoke to her parents. Both of them appear to be totally averse to the desire of the daughter to marry the petitioner. But, when we are sure that she is coherent and clear in her stand that she would now go with her parents, it is not proper for us now to compel her to honour the notice of intended marriage, given by her. Recording the aforesaid, we state that, in law, the parents cannot compel the child to marry against its wishes, now WP(Crl.)No.482/2011 2 that the girl is a major. We have recorded her present intentions and desires. Recording all the aforesaid, we close this writ petition on the premise that the marriage of the girl shall not be under any compulsion against her wishes and desires. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/27.10.11