IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 4299 of 2010(J) ------------------------- PETITIONER: --------------- SAYOOJYA VARMA, D/O.UDAYA VARMA, AGED 22 YEARS, KALLENTHODU KALAM VEETTIL HOUSE, VENMANY VILLAGE, VENMANY, ALAPUZHA DISTRICT. BY ADV. SRI.JOMY GEORGE SRI.LAWRENCE D'CUNHA RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, ALAPUZHA. 2. THE S.I. OF POLICE, VENMANY POLICE STATION, VENMANY P.O., ALAPPUZHA DISTRICT. 3. UDAYA VARMA, AGED 50 YEARS, KALLENTHODU KALAM VEETTIL HOUSE, VENMANY VILLAGE, VENMANY, ALAPPUZHA DISTRICT BY GP. SRI. T. K. VIPINDAS, FOR R1 AND R2 ADV. SRI.ALEXANDER GEORGE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4299 of 2010(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P3 : TRUE COPY OF THE LETTER FORWARDED TO THE RESPONDENTS DATED 2.2.2010. RESPONDENTS EXHIBITS : NIL K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4299 of 2010 J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2010 JUDGMENT Joseph J., The petitioner approached this court seeking the following prayers: (i) direct the respondents by a writ of mandamus to provide effective and adequate protection to the life of the petitioner from anybody claiming under the 3rd respondent. (ii) Issue a writ of mandamus directing the 2nd respondent to close Crime No.35 of 2010 of Venmani Police Station as the petitioner appears before this Hon'ble court. 2. Briefly put the case of the petitioner is as follows. The petitioner was born and brought up in an Orthodox Hindu Brahmin family and her father is a Poojari. During her Degree course, she W.P.(C) No. 4299 of 2010 2 had an occasion to study the 'Holy Bible' and on her own will and determination, she had accepted Lord Jesus as her personal Lord and Saviour and got baptised and now leading a life in Christian faith. This was revealed to her parents also. Third respondent is petitioner's father. It is stated that while so, without the consent of the petitioner, the parents had arranged a marriage for the petitioner with an Orthodox Hindu boy. Her faith was revealed to the proposed boy and he withdrew from the marriage. From that time, the petitioner was under strict control and observations of her parents and they arranged another marriage for her. But the petitioner escaped from the custody of her parents and was staying with her classmate. It is submitted that the petitioner was threated by some unidentified persons. The parents are threatened by some fanatic Hindus in the locality and it is understood that the parents have even consented to do away the petitioner since she had caused disgrace to the family and the religion by changing her faith. Hence, the W.P.(C) No. 4299 of 2010 3 petitioner is not in a position to return to her family and not able to appear before the Magistrate Court, Chengannur. Ext.P1 is the copy of the letter sent to the respondents by the petitioner. 2. We granted an interim order directing protection for petitioner's life and we also ordered that the petitioner need not be present in connection with Crime No. 35 of 2010, which is the crime registered for man missing. 3. Today, pursuant to the direction, the petitioner, third respondent and mother of the petitioner were present and they have talked with each other for quite some time. We interacted with them also. 4. Having regard to the facts, the Writ Petition is disposed of as follows. The learned Government pleader submits that in view of the facts and the order of this court, the case of man missing will be referred. We record this submission. Further, we direct that in case there is any threat to the petitioner from anybody claiming under the W.P.(C) No. 4299 of 2010 4 third respondent, there will be a direction to the first and second respondents to provide adequate protection for the life of the petitioner, as and when required. K.M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/