IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 19387 of 2008(G) -------------------------- PETITIONER: ------------ 1. DIPU.R, S/O.RAJAN.K, AGED 24 YEARS, DEEPALAYAM, PUTHUKKADU P.O, CHAVARA-691583. 2. AKHILA.A, D/O.JANARDHANAN PILLAI.V, AGED 20 YEARS, SREE AYYAPPA, KULANGARA BHAGAM, CHAVARA, NOW RESIDING AT DEEPALAYAM, PUTHUKKADU PO CHAVARA-691583. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: ------------- 1. DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY. 2. CIRCLE INSPECTOR OF POLICE, CHAVARA. 3. SUB INSPECTOR OF POLICE, CHAVARA. 4. JANARDHANAN PILLAI, SREE AYYAPPA, KULANGARA BHAGOM, CHAVARA-691583. BY ADV. SRI.P.B.SAHASRANAMAN FOR R4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.19387/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE MARRIAGE CERTIFICATE DT.20.2.2008 OF THE PETITIONERS. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C) No.19387 OF 2008 ------------------------------------ Dated this the 3rd day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioners are husband and wife. They got married as per Special Marriage Act, as evident from Ext.P1 marriage certificate. But, they got married without the consent of the parents of the 2nd petitioner. The 4th respondent is her father. Alleging that the police are harassing them at the instance of the 4th respondent, this writ petition is filed. 2. The learned Government Pleader, upon instructions, submitted that the 4th respondent informed the police that his daughter Akhila is missing from 24.6.2008. So, the police registered a crime for man missing and searched for her in the house of the 1st petitioner. The police denied the allegation of the harassment. 3. The 4th respondent submitted that, his daughter Akhila disappeared from his house suddenly on 24.6.2008. He is concerned about her safety and therefore he moved the W.P.(C) No.19387/2008 2 police. He also submitted that he only wanted to see her daughter to ensure that she is safe. The allegation that he is instigating the police to harass the petitioners is denied by him. 4. In view of Ext.P1 marriage certificate, if the 2nd petitioner is staying with the 1st petitioner, the police need not proceed with the case of “man missing”. The said crime can be closed. We record the submission of the 1st petitioner that, the 4th respondent can always come to his house to see his daughter. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps