IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(Crl.).No. 436 of 2008(S) --------------------------- PETITIONER(S): --------------- MOHANDAS, S/O.MADHAVAN PILLAI KAVADIYIL VEEDU, AERAM, ANCHAL VILLAGE PATHANAPURAM TALUK, KOLLAM. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- 1. T.J.EAPEN, THEMMALIL HOUSE VALAKKUZHY, THELLIYOOR, MALAPPALLY PATHANAMTHITTA. 2. SMT.SARAMMA, W/O.T.J.EAPEN THEMMALIL HOUSE, VALAKKUZHY, THELLIYOOR, MALLAPPALLY, PATHANAMTHITTA 3. SHAJ JOHN EAPEN, S/O.T.J.EAPEN THEMMALIL HOUSE, VALAKKUZHY, THELLIYOOR, MALLAPPALLY, PATHANAMTHITTA. 4. C.I. OF POLICE, KOZHENCHERRY, PATHANAMTHITTA. GOVT.PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/12/2008, ALONG WITH WPC NO. 34399 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.CRL.436/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE FIR AND FIS IN CRIME NO. 644/08 OF THE ANCHAL POLICE STATION. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.436 & W.P.(C) No.34399 of 2008 ---------------------------------------------- Dated 2nd December, 2008. J U D G M E N T Kurian Joseph, J. The former is a petition filed by the father of Preethy and the latter, filed by Preethy and her husband, for police protection. It is unfortunate that a daughter had to seek police protection against the father. Apparently it is misconceived. We refuse to believe that a daughter, that too, the only daughter will be left with a fate of seeking police protection against the father. We have interacted with the father, who is present before us. We find that he still loves Preethy, and he and his wife, mother of Preethy still have a corner in their heart with full of love for their only daughter. As far as Preethy is concerned, it is seen that she has a background of mature love with Shaj John, the first petitioner in the latter writ petition and that has culminated in registration of their marriage under the Special Marriage Act on 5.1.2008 before the Marriage Officer, Mahadevapura. It is submitted that they have been living together. Preethy submits that she still loves her parents and is concerned about them; but since she has been living with Shaj John, she cannot think of any WP(Crl)436 & WP(C) 34399/08 2 other marriage. She also submits that she will take earnest efforts for reconciliation. The parents of Shaj John submit that they will also make their sincere efforts for reconciliation with the parents of Preethy. They also submit that they will look after Preethy as their own daughter and that she will not have any problem in their family. 2. Shaj and Preethy submit before us that they will not part with each other until death separates them. It is also submitted that they will make their earnest efforts in their own way for reconciliation with the parents of Preethy. Preethy submits that her certificate and passport are with her father, Sri.Mohandas, the petitioner in W.P.(C) No.34399/08. Sri.Mohandas graciously submits that in case such certificates are with him, he will entrust the same with Adv.Sri.Anchal C.Vijayan, from whom, those documents can be collected by Preethy. In such circumstances, W.P.(Crl) 436/08 is dismissed. As far as the prayer in W.P.(C)34399/08 is concerned, we do not think that the petitioners will have any difficulty from Sri.Mohandas, the father of Preethy since Mohandas and Ponnamma (mother) have WP(Crl)436 & WP(C) 34399/08 3 undertaken before this court that they will not cause any troubles to them. However, in the unlikely event of any such difficulty, it will be open to the petitioners to approach the first respondent, in which case, the first respondent will take appropriate action in accordance with law to afford the required police protection to the petitioners. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.436 & W.P.(C) No.34399 of 2008 ---------------------------------------------- J U D G M E N T Dated 2nd December, 2008.