IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 13378 of 2010(V) --------------------------------------- PETITIONER(S): ---------------------- 1. SIJO M.MATHEW, MUNDUVALAYIL HOUSE, UDUMBABCHOLA.P.O., IDUKKI DIST. 2. MONISHA.P.R. PANACKAL HOUSE, UDUMBANCHOLA.P.O. IDUKKI DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHEIF SECRETARY, SECRETARIAT,THIRUVANATHAPURAM. 2. SUPERINTENDENT OF POLICE, IDUKKI DISTRICT. 3. DEPUTY SUPERINTENDENT OF POLICE, DEVIKULAM,IDUKKI DISTRICT. 4. CIRCLE INSPECTOR OF POLICE, DEVIKULAM, IDUKKI DISTRICT. 5. SUB INSPECTOR OF POLICE, SANTHANPARA POLICE STATION,IDUKKI DISTRICT. 6. THE SUB REGISTRAR, MUNDIYERUMA S.R.O., IDUKKI DISTRICT. ADDL. 7. P.K.RAGHAVAN, PANACKAL HOUSE, UDUMBABCHOLA.P.O IDUKKI DISTRICT. ADDL. 8. LEELAMANI RAGHAVAN, PANACKAL HOUSE, UDUMBABCHOLA.P.O, IDUKKI DISTRICT. R1 TO R6 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. Addl.(R7 and R8 are impleaded as per order in I.A.No.5626/2010 dated 27.4.2010) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13378 OF 2010-V APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF RELEVANT EXTRACT OF THE SSLC BOOK OF THE IST RESPONDENT. EXT.P2.TRUE COPY OF THE RELEVANT EXTRACT OF THE SSLC BOOK OF THE 2ND PETITIONER. EXT.P3.TRUE COPY OF THE MARRIAGE MEMERANDUM EXECUTED BY THE PETITIONERS ON 5.4.2010. EXT.P4.TRUE COPY OF RECEIPT ACKNOWLEDGING THE RECEIPT OF MONEY FOR THE REGISTRATION OF MARRIAGE DATED 9.4.2010 ISSUED BY THE 6TH RESPONDENT. EXT.P5.TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 11.5.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.13378 of 2010-V ---------------------------------------------- Dated, this the 2nd day of June, 2010 J U D G M E N T K.M.Joseph, J. Government Pleader takes notice for the Ist respondent. Service is complete. 2. The petitioners have approached this Court seeking the following reliefs:-- “i) to issue a writ of mandamus directing respondents 2 to 5 not to harass the petitioners by way of unnecessary investigations so as to prevent their peaceful living together; ii) to issue a writ of mandamus directing respondents 2 to 5 to grant adequate and effective police protection to the petitioners to go to the office of the 6th respondent for the registration of Ext.P3 marriage agreement under the Special Marriage Act; and iii) to issue a writ of mandamus directing respondent No.6 to register the marriage of the petitioners as per the laws, immediately in the interest of justice.” 3. Briefly put, the case of the petitioners is as follows:-- Petitioners have completed the age of 18 years. It is stated that the petitioners were in love and they decided to marry. They have entered into Ext.P3 agreement of marriage. They approached the 6th respondent for registration of their marriage. The 6th respondent issued notice. Ext.P4 is the acknowledgment. Petitioners are living together after Ext.P3 WPC 13378/2010 -2- marriage agreement. There is opposition from the family members of the 2nd petitioner. It is stated that on religious grounds they declared that the marriage will be prevented. Now, respondents 2 to 5 are harassing the petitioners at the instance of certain family members of the 2nd petitioner. Petitioners got reliable information that certain relatives of the 2nd petitioner will cause obstruction for the registration of marriage of the petitioners under the Special Marriage Act. Petitioners have produced Ext.P5 certificate of marriage issued under the Special Marriage Act along with I.A.No.6800/2010. It is stated in the affidavit in support of the petition that the marriage of the petitioners was registered on 11.5.2010. In the light of the facts and circumstances of the case we dispose of the writ petition directing that respondents 2 to 5 shall not harass the petitioners on the basis of their living together. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS