IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 9449 of 2011(E) -------------------------------------- PETITIONER(S): ----------------------- 1. KIRAN J.S., S/O.JAYACHANDRA KUMAR. K., AGED 22 YEARS, 'SREYAS', T.C. 17/1795(2), PURA 22(B), NETAJI ROAD, POOJAPPURA, THIRUVANANTHAPURAM - 12. 2. FAHEEMA LIAQUATH, AGED 21 YEARS, D/O.LIAQUATH ALI, NOW RESIDING AT 'SREYAS', T.C. 17/1795(2), PURA 22(B), NETAJI ROAD, POOJAPPURA, THIRUVANANTHAPURAM - 12. BY ADV. SRI.RAJIT, SRI.P.ANOOP (MULAVANA). RESPONDENT(S): -------------------------- 1. COMMISSIONER OF POLICE, OFFICE OF THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM - 695 001. 2. CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM - 695 001. 3. SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM - 695 001. 4. N. LIAQUATH ALI, FARHATH, RAJIV NAGAR, PALLITHOTTAM P.O., KOLLAM - 691 006. 5. SHAHITHA LIAQUATH, W/O.N. LIAQUATH ALI, FARHATH, RAJIV NAGAR, PALLITHOTTAM P.O., KOLLAM - 691 006. 6. SALAHUDEEN, RAGAMALIKA (HOME APPLIANCES) PAIKKADA ROAD, CHINNAKKADA, KOLLAM - 1. WP(C).No. 9449 of 2011(E) 7. NIZAMUDEEN, SUBAH, PULIYATHUMUKKU, KOLLAM - 1. 8. SHAHABUDEEN, RAGAMALIKA, POOJA FABRICS, PAIKKADA ROAD, CHINNAKADA, KOLLAM - 1. 9. SABEER, ROYAL TRADERS, PAIKKADA ROAD, CHINNAKADA, KOLLAM – 1. R1 TO R3 BY GOVT. PLEADER SMT.C.M. CHARISMA. R5 BY ADV. SRI.C.RAJENDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9449 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PHOTOGRAPH BETWEEN THE PETITIONERS AFTER CONDUCTING THE CEREMONY. EXT.P2: COPY OF THE AGREEMENT BETWEEN THE PETITIONERS. EXT.P3: COPY OF THE RECEIPT EVIDENCING THE RECEIPT OF THE APPLICATION SUBMITTED BY THE PETITIONERS JOINTLY UNDER THE PROVISIONS UNDER THE SPECIAL MARRIAGE ACT DATED 28/02/2011. EXT.P4: COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER TO RESPONDENTS 1 TO 3. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9449 of 2011 ------------------------------------------- Dated this the 4th April, 2011 JUDGMENT Basant, J. Petitioners, a young couple, in their early 20's have come to this Court with this petition for issue of directions to the police (respondents 1 to 3) under Article 226 of the Constitution to afford protection to them against illegal, contumacious and violent conduct of respondents 4 to 9. 2. Petitioners are Engineering students. They are in love. They have decided to get married. They had given notice under the Special Marriage Act. The marriage was scheduled to take place on or after 30.3.2011. The petitioners were residing in the house of the first petitioner. The petitioners apprehended violent, contumacious and culpable conduct on the part of respondents 4 to 9. Respondents 4 to 6 are the father, mother and brother of the second petitioner/wife. Respondents 7 to 9 are other relatives of the second petitioner. According to the petitioners, respondents 4 to 9 were making illegal WPC No.9449/2011 2 demands for conversion of the first petitioner. They apprehend physical violence on the part of respondents 4 to 9. They hence came to this Court with this petition. 3. This petition was admitted on 24.3.2011. Interim directions were issued. 4. Today when the matter came up for hearing, respondents 4 to 9 are represented by a counsel. The learned counsel for the petitioners submits that the petitioners have now got married under the provisions of the Special Marriage Act on 30.3.2011. The petitioners continue to apprehend that respondents 4 to 9 may in future also indulge in contumacious and culpable conduct. Appropriate directions may be issued, it is prayed. 5. The learned counsel for respondents 4 to 9 submits that the relatives of the petitioners are now forced to accept the marriage between second and first petitioners. It is true that initially the relatives of the second petitioner entertained doubts about the bonafides of the first petitioner. But now that the marriage has taken place, respondents 4 to 9 accept the same without demur. They shall not indulge in any contumacious or culpable conduct WPC No.9449/2011 3 against the petitioners. However, respondents 4 to 6 pray that they may be given an opportunity to meet and interact with the second petitioner. They need such an opportunity to satisfy themselves that the second petitioner has consented to the marriage voluntarily and is living happily with the first petitioner. At any rate, the petitioners need not apprehend any culpable or violent conduct on the part of respondents 4 to 9. That undertaking may be recorded. No further directions are necessary, submits the learned counsel for respondents 4 to 9. 6. The learned Government Pleader after taking instructions submits that the interim order dated 24.3.2011 has been carried out effectively. The learned Government Pleader submits that in future also, if the petitioners require assistance, they shall be at liberty to contact the third respondent who shall afford necessary protection to them. No further specific directions are now necessary, submits the learned Government Pleader. The learned counsel for the petitioners submits that the petitioners have no objection whatsoever, if respondents 4 to 6, who now are stated to be willing to accept the marriage, want to visit the WPC No.9449/2011 4 petitioners. 7. We accept the submissions of the learned counsel for respondents 4 to 9. We accept the submissions of the learned Government Pleader. We are satisfied that no further specific directions are necessary in the matter now. 8. In the result, a) This petition is allowed in part. b) We accept the submissions of the learned counsel for respondents 4 to 9 and the learned Government Pleader on behalf of respondents 1 to 3. We record specifically the undertaking by the learned Government Pleader that if there be any threat against the petitioners from respondents 4 to 9, petitioners can complain to the third respondent and thereupon the third respondent shall take necessary action. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/