IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 WP(C).No. 13449 of 2011(E) ---------------------------------- PETITIONER(S): ------------------- 1. MOHAMMED JANSHIR BASHEER,S/O. VALIYAKATH KOROTHAYIL BASHEER AHAMMED,KOROTHIAYIL HOUSE, NEAR VISWABHARATHI COLLEGE, PUNNAYURKULAM.P.O., THRISSUR. 2. KOMATH HARSHADA DEV NAIR, D/O.KOMATH DEVANAND NAIR, PRATIBHA NIVAS, PONNIAM.P.O., THALASSERY, KANNUR DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): -------------------- 1. KUTTISANKARAN NAIR, RESIDING AT PRATIBHA NIVAS, PONNIAM.P.O., THALASSERY, KANNUR DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KOOTHUPARAMBA. 3. THE SUB INSPECTOR OF POLICE, KATHIRUR POLICE STATION, KANNUR DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD. 5. THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR. svs .........2/-... ...2... WPC.NO.13449/2011 6. THE SUPERINTENDENT OF POLICE(RURAL) ERNAKULAM. OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL), ALUVA. 7. THE CIRCLE INSPECTOR OF POLICE, NEDUMBASSERY, ERNAKULAM DISTRICT. 8. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.K.B.ARUNKUMAR R2 TO R8 BY GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.13449/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PASSPORT OF THE 1ST PETITIONER. P2: COPY OF THE PASSPORT OF THE 2ND PETITIONER. P3: COPY OF THE CERTIFICATE OF EMBRACING ISLAM PERTAINING TO THE 2ND PETITIONER. P4: COPY OF THE MARRIAGE CONTRACT ENTERED INTO BETWEEN THE PETITIONERS BEFORE THE COURT OF THE FIRST INSTANCE AT ABU DHABI. P5: COPY OF THE SWORN AFFIDAVIT FORWARDED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. P6: COPY OF THE PETITION DATED 28/04/2011 SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan & M.L. Joseph Francis, JJ. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 13449 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th day of May, 2011. J U D G M E N T Siri Jagan, J. The petitioners claim to be man and wife. The 2nd petitioner professes Hindu religion. He met the 1st petitioner while both were at Abudabi. Both have attained majority. They decided to marry and pursuant thereto, the 1st petitioner, who was originally a Hindu, converted herself into Islam and their marriage was solemnized, is their contention. The 1st respondent, who is the paternal uncle of the 2nd petitioner, disapproved of the marriage. He has filed a complaint before Kathirur Police Station, which has been registered as Crime No. 170/11 alleging that the 2nd petitioner has abducted the 1st petitioner, which is pending consideration by the Additional Chief Judicial Magistrate, Thalasserry. The petitioners now want to go to the Additional Chief Judicial Magistrate's Court, Thalasserry to give statements in the matter. But they apprehend physical danger at the hands of the 1st respondent when they go to the Additional Chief Judicial Magistrate's Court. It is under the above circumstances, the petitioners have filed this writ petition seeking the following relief: “To Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 6 and 7 to provide the petitioners with adequate police protection to appear before the Court of Additional Chief Judicial Magistrate, Thalasserry so as to give a statement to the learned Additional Chief Judicial Magistrate pertaining to crime No. 170/2011 of Kathirur Police Station.” 2. The 1st respondent appears through counsel and W.P(C) No. 13449 of 2011 -: 2 :- submits that he has absolutely no intention to cause any harm to the petitioners in any manner and he has no objection in the petitioners appearing before the Chief Judicial Magistrate's Court. The above undertaking of the 1st respondent is recorded. If contrary to the said undertaking anything happens, the 7th respondent shall see that the petitioners are permitted to appear before the Additional Chief Judicial Magistrate's Court, Thalasserry without any threat from the 1st respondent. We make it clear that we have not accepted the allegations in the writ petition as correct and it is for the parties to prove the veracity of the same before the appropriate authorities including the Additional Chief Judicial Magistrate's Court. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Sd/- M.L. Joseph Francis, Judge. Tds/