IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 683 of 2011(I) ----------------------------------- PETITIONER(S): ------------------------ 1. LIJI SARA VARGHESE, AGED 22 YEARS, D/O. VARGHESE EAPEN, MONI BHAVAN, PIRALASSERI P.O., MULAKKUZHA VILLAGE, CHENGANNUR. 2. RENJI GANESH T., AGED 28 YEARS, S/O. GANAPATHY T.S., APARNA HOUSE, THITTAMEL, CHENGANNUR. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): -------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, PIN-689 121. 2. CIRCLE INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT, PIN-688 001. 3. SUB INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-688 001. R1 TO R3 BY GOVT. PLEADER MR.T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 683/2011-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MARRIAGE CERTIFICATE ISSUED BY MARRIAGE OFFICER, UDUMBANCHOLA SUB REGISTRY. EXT.P2: COPY OF THE INTERLOCUTORY APPLICATION ALONG WITH THE AFFIDAVIT OF THE 1ST PETITIONER FILED BEFORE THE FAMILY COURT, ALAPPUZHA. EXT.P3: COPY OF THE REPRESENTATION DATED 05/01/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 683 of 2011-I ------------------------------------------------- Dated this the 10th day of January, 2011 JUDGMENT Basant,J. The petitioners are a young woman, aged 22 years and a young man aged 28 years. It is their grievance that the respondents are unnecessarily vexing and harassing them. Earlier, on a petition filed by the 2nd petitioner for issue of a writ of habeas corpus alleging that the 1st respondent is kept under illegal confinement and detention by her parents, this Court had passed a judgment dated 14/10/10 in W.P.(Cri) No.401/10 permitting the 1st petitioner to leave the Court along with her parents. Subsequently it is alleged that the parents of the 1st petitioner attempted give her away in marriage to some other person without her consent. This obliged her to leave her parents and join the 2nd petitioner. The 1st and 2nd petitioners W.P.(C) No. 683 of 2011 -: 2 :- have got married under the provisions of the Special Marriage Act vide Ext.P1. They are now living as husband and wife. The petitioners, the legally married spouses, are unnecessarily being vexed and harassed by the police, particularly the 3rd respondent. It is, in these circumstances, that the petitioners have come to this Court with this petition for issue of a direction under Art.226 of the Constitution to prevent harassment by the police towards them. 2. This petition was admitted on 7/1/11. The matters stand posted to this date for instruction and response of the learned Government Pleader. The learned Government Pleader, after taking instructions, submits that on a complaint received by the mother of the 1st petitioner, Crime No.27/11 of the Chengannur Police Station has been registered under the caption `person missing'. The 1st petitioner is alleged to be missing from 4/1/11. In connection with the investigation of that crime, it is true that the police had attempted to contact the petitioners. There has been no harassment or vexation to the petitioners from the side of the police. They may be requested to co-operate with the police. There shall be no vexation or harassment whatsoever from the police towards the petitioners, submits and undertakes the learned Government Pleader on W.P.(C) No. 683 of 2011 -: 3 :- behalf of respondents 1 to 3. 3. The learned counsel for the petitioners submits that the petitioners are willing to co-operate with the Investigators; but unnecessary harassment and vexation may be prevented. 4. We have considered all the relevant inputs. We accept the submission of the learned Government Pleader on behalf of respondents 1 to 3. We direct the petitioners to appear before the learned Magistrate having jurisdiction within a period of 7 days from this date. We are satisfied, in these circumstances, that no further directions are necessary. 5. This writ petition is accordingly allowed in part to the above extent. 6. Hand over a copy of this judgment to the learned counsel for the petitioner. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge