IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35426 of 2010(C) ------------------------------------- PETITIONER(S): ---------------------- 1. HIMA VISWAMBHARAN, AGED 24, D/O.VISWAMBHARAN, MOOKKAMBARA HOUSE, THAMARACHAL HOUSE, KIZHAKKAMBALAM P.O., PIN-683 562, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 2. VISWAMBHARAN, AGED 57, S/O.LATE KRISHNANKUTTY, MOOKKAMBARA HOUSE, THAMARACHAL HOUSE, KIZHAKKAMBALAM P.O., PIN-683 562, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 3. BEEBI VISWAMBHARAN, AGED 52, W/O.VISWAMBHARAN, MOOKKAMBARA HOUSE, THAMARACHAL HOUSE, KIZHAKKAMBALAM P.O., PIN-683 562, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY TO THE GOVT., DEPARTMENT OF HOME AFFAIRS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-1. 2. CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU CIRCLE, PATTIMATTOM, ERNAKULAM, PIN-683 562. 3. MADHUSOODANAN NAIR, S/O.GOPINATHAN NAIR, AGED 36, KALAMBLAYIL HOUSE, KUNJATTUKARA, EDATHALA P.O., PIN-683 561, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.35426 of 2010-C ---------------------------------------------- Dated, this the 30th day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs: “a). to issue a writ of mandamus or any other appropriate writ, order or direction compelling the 2nd respondent not to harass the petitioners or to interfere in the matter of the matrimonial disputes pending adjudication between the Ist petitioner and the 3rd respondent as evidenced Exhibit P3 before the Family Court, Ernakulam. b) to issue a writ of mandamus or any other appropriate writ, order or direction compelling the 2nd respondent to ensure the direction of this Hon'ble Court as per Exhibit P5 judgment.” 2. Briefly put, the case of the petitioner is as follows: The Ist petitioner was persuaded by the 3rd respondent and obtained Ext.P1 certificate styled as marriage certificate on 9.4.2009. The consent of the Ist petitioner was obtained by fraud. The 2nd petitioner who is the father of the Ist petitioner complained before the Thadiyittaparambu police station about the missing of the Ist petitioner. The Ist petitioner is released to the 2nd petitioner after obtaining Ext.P4 letter under coercion. Petitioners had to approach this WPC No.35426/2010 -2- Court when there was threat to life and obtained Ext.P5 judgment. The Ist petitioner had preferred Ext.P3 petition before the Family Court to declare that Ext.P1 is null and void. The 2nd respondent summoned the 2nd petitioner to the police station and directed the petitioners to settle the issue with the 3rd respondent and give his daughter in marriage to the 3rd respondent. 3. Learned Government Pleader, on instructions, submits that a complaint has been received from the 3rd respondent alleging that the 2nd petitioner threatened him. The 2nd petitioner was called. But, he did not turn up. Learned Government Pleader further submits that the respondent police officer will not interfere in the matrimonial dispute pending adjudication between the Ist petitioner and the 3rd respondent. We record the said submission and close the writ petition. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS