IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 14136 of 2010(N) ------------------------------------------------- PETITIONER(S): ---------------------- 1. M.K. SHAJI, AGED 33 YEARS, S/O. KUMARAN, MEDEVELI, CHARAMANGALAM, P.O. MAYITHARA, CHERTHALA, ALAPPUZHA. 2. NUZRATH (K. LAKSHMI, AGED 26 YEARS, MEDEVELI, CHARAMANGALAM.P.O, MAYITHARA, CHERTHALA, ALAPPUZHA DISTRICT, FROM KASTHOORI, CHENNAKKAL, P.O. CHERUSALA, MALAPPURAM DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.SEEMA RAVEENDRAN RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, THIRUR POLICE STATION, MALAPPURAM. 3. ABOOBACKER.K, RANDATHANI (CHENNAKKAL), P.O. CHERUSALA, MALAPPURAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, MARARIKULAM POLICE STATION, MARARIKULAM. R1 & R2 BY GOVERNMENT PLEADER SHRI C.M. NAZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.14136 OF 2010 N PETITIONERS' EXHIBITS: EXT.P1TRUE COPY OF RELEVANT PAGE OF SSLC BOOK OF FIRST PETITIONER. EXT.P2TRUE COPY OF RELEVANT PAGE OF SSLC BOOK OF SECOND PETITIONER. EXT.P3TRUE COPY OF CONVERSION CERTIFICATE ISSUED BY BHARATHIYA HINDU SUDHA SABHA, ARYA SAMAJ DATED 28.4.10. EXT.P4TRUE COPY OF MARRIAGE CERTIFICATE ISSUED BY ARYA SAMAJ MANDIR (VEDIC CHURCH), CALICUT DATED 28.4.2010. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 14136 OF 2010 N --------------------------------------------------- Dated this the 27th May, 2010 JUDGMENT K.M. Joseph, J. The prayers in the Writ Petition are as follows: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the first respondent not to harass the petitioners on account of the alleged complaint of third respondent. (ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the first respondent to afford enough police protection to the petitioners to appear before the jurisdictional Magistrate, JFCM I, Malappuram in response to the alleged complaint of the third respondent. (iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the WPC.14136/2010 N 2 fourth respondent to grant enough police protection to the petitioners for their peaceful residence in the house of the first petitioner.” 2. Briefly put, the case of the petitioners is as follows: First petitioner is an adult male person aged 33. Second petitioner belongs to Muslim Community. She was born on 3.12.1983. They fell in love. Third respondent is the father of the second petitioner. The third respondent and family opposed to the relationship. Second petitioner underwent conversion ceremony at the Arya Samaja Mandir, Kozhikode and became a Hindu. Ext.P3 is the conversion certificate. On 28.4.2010 itself, the marriage ceremony was solemnized in accordance with Hindu Religious customs. Ext.P4 is the Certificate. After the marriage, they have been living together in the house of the first petitioner. Third respondent intimated the petitioners that they will not be allowed to live together and he will make use of his political wing to do away with both. It is stated that the third respondent is an activist of an Islamic Fundamental Organisation. A complaint was lodged by the third respondent WPC.14136/2010 N 3 stating that the second petitioner is missing. The jurisdictional Magistrate is the JFCM I, Malappuram and the petitioners fear to go there as violent mob of fundamentals may attack them. 3. We heard the learned counsel for the petitioners and the learned Government Pleader. Though served, there is no representation for the third respondent. 4. In view of the facts as projected in the Writ Petition and the documents which are produced along with the same, we are of the view that the petitioners are entitled to the following reliefs. Accordingly, the Writ Petition is disposed of as follows: There will be a direction to the first respondent not to harass the petitioners on the basis of the complaint of the third respondent. There will be a further direction to the first respondent to afford police protection to the petitioners to appear before the jurisdictional Magistrate, namely the JFCM I, Malappuram in response to the alleged complaint of the third respondent. There will also be a direction to the fourth respondent to grant police protection to the petitioners for their WPC.14136/2010 N 4 peaceful residence in the house of the first petitioner as against the third respondent and his men. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge