IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 32450 of 2010(E) ------------------------------------- PETITIONER(S): --------------------- 1. JEBI CHERIAN MOONJELY, AGED 30, S/O.CHERIAN, MOONJELY HOUSE, SREEMOOLANAGARAM, CHOWARA VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. 2. SOUMYA NAIR, GM, AGED 24, W/O.JEBI CHERIAN MOONJELY, TC 3/2140, LIC LANE, LAKSHMI NAGAR, PATTAM PALACE P.O., NOW RESIDING AT MOONJELY HOUSE, SREEMOOLANAGARAM, CHOWARA VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR (707/89) SMT.SOUMINI JAMES RESPONDENT(S): ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, KALADY-683574. 2. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, KALADY-683574. 3. K.MOHANAN NAIR, SIVASAKTHI, KOORATTUKONAM, MUNDAKKAL VASAM, ALIYAD P.O., VENJARAMMOODU, THIRUVANANTHAPURAM-695607. 4. GEETHA MOHAN, W/O.K.MOHANAN NAIR, SIVASAKTHI, KOORATTUKONAM, MUNDAKKAL VASAM, ALIYAD P.O., VENJARAMMOODU, THIRUVANANTHAPURAM-695607. 5. SUB INSPECTOR OF POLICE, VENJARAMMOODU POLICE STATION, VENJARAMMOODU-695607. R1, R2, R5 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32450 OF 2010-E PETITIONER'S EXHIBITS: EXT.P1.THE TRUE PHOTOCOPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONERS ISSUED BY THE SUB REGISTRAR, SREEMOOLANAGARAM. EXT.P2. THE TRUE PHOTOCOPY OF THE COMPLAINT LODGED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 18.10.2010. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.32450 of 2010-E ---------------------------------------------- Dated, this the 28th day of October, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “i) to issue a writ in the nature of mandamus or such other appropriate writ or direction commanding the Ist and 2nd respondents to provide adequate protection to the life of the petitioners from the illegal acts of the 3rd and 4th respondents their men and agents and also provide protection enabling them to appear/surrender before the Judicial First Class Magistrate Court, Nedumangadu in crime No943/2010 of Venjarammoodu police station. ii) order the 5th respondent not to arrest the petitioners as they are legally wedded and living as husband and wife.” 2. Briefly put, the case of the petitioners is as follows: Petitioners are husband and wife and their marriage was registered under the Special Marriage Act. The 2nd petitioner is the daughter of respondents 3 and 4. The parents of the 2nd petitioner are against the marriage as it is an intercaste marriage. They want the 2nd petitioner to marry to one immediate relative of them. There are threats by goondas. Crime No.943/2010 of Venjarammoodu police station has been registered. Due to threat of respondents 3 and 4 petitioners are not in a position to appear before the Court. 3. We heard the learned counsel for the petitioners and learned Government Pleader. Though served, there is no appearance for the party respondents. Learned Government Pleader would submit that the 5th respondent will afford sufficient police protection for the petitioners to appear before the Judicial First Class Magistrate Court, Nedumangadu in Crime No.943/2010. 4. We make the interim order absolute. Petitioners will intimate the date and time when they intend to appear before the Magistrate Court to the 5th respondent in advance so that the protection which is undertaken to be given on behalf of 5th respondent can be effectively given. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS