IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Crl.MC.No. 1368 of 2008 ------------------------- CRIME NO. 68 OF 2008 OF KELAKOM POLIE STATION, KANNUR DISTRICT. PETITIONER: ------------ 1. BOJO THOMAS, S/O.P.D.THOMAS AGED 24 YEARS, PLAKKOOTTATHIL HOUSE KOTTIYOOR P.O., THALASSERY, KANNUR-670 651 2. DALIYA, D/O.CHACKO, AGED 22 YEARS MURIKUTTICKAL HOUSE, KOTTIYOOR, THALASSERY KANNUR-670 651 (NOW RESIDING AT PLAKKOOTTATHIL HOUSE, KOTTIYOOR P.O., THALASSERY KANNUR-670 651) BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KELAKAM POLICE STATION KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTORMR. K.S. SIVKAUMAR SRI.GRASHIOUS KURIAKOSE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1368 of 2008 = = = = = = = = = = = = = = Dated this the 10th day of April, 2008 ORDER The petitioners, Bojo Thomas, aged 24 years and Daliya, aged 22 years fell in love and they decided to get married. Even though they filed a joint application before the Sub Registrar’s office, Peravoor for registration under the Special Marriage Act on 22-1-2008, and a notice was published on that day, on account of the objection raised by the parents of the 2nd petitioner, the registration got delayed. Subsequently, on 29-3-2008, the Sub Registrar, Peravoor has registered their marriage under the Special Marriage Act. In the meanwhile the father of the 2nd petitioner had lodged a complaint before the Kelakom police which registered a case as Crime No.68/2008 for an offence punishable under Section 366 of the Indian Penal Code. During the period when the registration of the marriage under the Special Marriage Act was postponed, the 2nd petitioner had been under the temporary custody of her parents who had allegedly CRMC 1368/2008 -2- detained her as they were not approving of the alliance between the petitioners. Subsequently, the 2nd petitioner joined the first petitioner. This petition is thereafter filed by the petitioners seeking a stay of all further proceedings in Crime No. 68/2008 or in the alternative to direct the Judicial First Class Magistrate Court, Kuthuparamba to record the statement of the petitioners and send the 2nd petitioner along with the first petitioner. This petition was filed on 27-3-2008 before the completion of the procedure for marriage under the Special Marriage Act. The marriage under the Special marriage Act was registered only on 29-3-2008. 2. The learned counsel appearing for the de facto complainant, who is the father of the 2nd petitioner, made the following submissions before me:- Enquiries made by him had revealed that the first petitioner has no real love or affection towards his daughter. The first petitioner was only pretending that he is in love with the 2nd petitioner with the sole intention of taking advantage of the infatuations which the 2nd petitioner had developed towards the first petitioner. The first petitioner is a man of bad antecedents and no loving father can think of his daughter eloping with a person having such antecedents. The first petitioner was abducting the complainant’s daughter and forcibly taking her away from the CRMC 1368/2008 -3- complainant's house into which he had criminally trespassed upon after causing hurt to the complainant’s wife and younger daughter Surya. It is, therefore, prayed that the investigation of the case should go on notwithstanding the unpleasant supervening event of the petitioners getting married. 3. It is true that the complainant is not able to reconcile with the alliance between the petitioners. But this Court cannot refuse to take note of the fact that the petitioners have got married under the Special Marriage Act. With regard to inter-caste marriages contracted by eloping lovers, the Apex Court in Lata Singh v. State of U.P.,(2006) 5 S.C.C.475 has observed as follows: “The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter- caste marriages are in f act in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo intercaste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry CRMC 1368/2008 -4- whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law. We sometimes hear of “honour” killings of such persons who undergo inter-caste or inter-religious marriage of their own free will. There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal-minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.” 4. If this is the position with regard to inter-caste and inter- religious lovers, I see no reasons why the position can any way differ CRMC 1368/2008 -5- in the case of two lovers of the same community as is the case here eloping together and getting their marriage solemnized through due process of law. Since there is no prayer for quashing the F.I.R. and further proceedings, I am not doing so. However, the investigation shall be conducted in such way that the petitioners are not harassed by the police. It shall be open to the Magistrate concerned to deal with the matter at the appropriate stage bearing in mind the aforesaid observations of the Apex Court. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.