IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(Crl.).No. 362 of 2008(S) --------------------------- PETITIONER: --------------- SANTHOSH ISSAC, S/O. ISSAC, AGED 26 YEARS, SANTHOSH BHAVAN, CHEMBAKKAD.P.O, PERINAD, KOLLAM, NOW RESIDING AT THAYYIL HOUSE, AZAD ROAD, KALOOR, ERNAKULAM, KOCHI-17. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENTS: --------------- 1. SHOUKATH, AGED ABOUT 45 YEARS, PUNTHALAVILA HOUSE, UMAYANELLOOR.P.O, MYLAPOOR, KOLLAM. 2. SULEKHA, W/O. SHOUKATH, AGED ABOUT 41 YEARS, PUNTHALAVILA HOUSE, UMAYANELLOOR.P.O, MYLAPORE, KOLLAM. 3. SUB INSPECTOR OF POLICE, NORTH POLICE STATION, ERNAKULAM, KOCHI. 4. DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. BY GOVERNMENT PLEADER ADV. SHRI SHYSAN P. MANGUZHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ......................................................... W.P. (Crl. ) No. 362 OF 2008 .......................................................... Dated this the 24th October, 2008 J U D G M E N T Kurian Joseph, J: The petitioner is present. The alleged detenue, Smt. Jasmine Noorunisa is present along with her parents. Even according to the parents of Smt. Jasmine Noorunisa, their daughter has been living with the petitioner for the last around nine months. It is submitted that they are prepared to conduct the marriage of the petitioner and Smt. Jasmine Noorunisa either under the Special Marriage Act or perform a customary marriage. Smt. Jasmine Noorunisa submits that she wants to live with the petitioner, Santhosh Issac. Smt. Jasmine Noorunisa has completed her graduation. She is admittedly 22 and Shri Santhosh Issac is admittedly 23. The parents of Jasmine Noorunisa submit that in case Smt. Jasmine Noorunisa wants to go and live with Shri Santhosh Issac, the petitioner, they have no objection, but their only desire is that they should live as husband and wife. 2. We find that the petitioner and Smt. Jasmine Noorunisa have executed an agreement for their marriage on a stamp paper of Rs.50/- The said agreement is produced as Exhibit .P1. It is W.P. (Crl. ) No. 362 OF 2008 2 submitted that they were under the bonafide belief that the execution of the above said document is sufficient for a valid marriage for all the purposes. It is really unfortunate that, though the petitioner and Smt. Jasmine Noorunisa are well educated and matured enough to understand what is the consequence of their agreement, they have not realised that the said agreement by itself is not a marriage under law. They will have to perform either a customary marriage or a marriage under the Special Marriage Act. 3. Since Smt. Jasmine Noorunisa wants to go with Santhosh Issac and for which the parents have no objection, we permit her to go with him. We further direct Shri Santhosh Issac and Smt. Jasmine Noorunisa either to register their marriage under the Special Marriage Act or to conduct a customary marriage, without further delay. The Writ Petition (Crl. ) is disposed of as above. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk