IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 31029 of 2008(R) -------------------------- PETITIONERS: --------------- 1. SANOJ, S/O.SANALKUMAR, KALLUVARAMBU HOUSE, VENPALLAVATTOM, ANAYARA.P.O, THIRUVANANTHAPURAM. 2. LESHMI.M, W/O.SANOJ KALLUVARMBU HOUSE, VENPALLAVATTOM, ANAYARA.P.O, THIRUVANANTHAPURAM. 3. SANALKUMAR,(PROPRIETOR HOTEL KAILAS, NEAR KIMS HOSPITAL VENPALLAVATTOM) RESIDING AT KALLUVARAMBU HOUSE, VENPALLAVATTOM, ANAYARA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS --------------- 1. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 2. CIRCLE INSPECTOR OF POLICE, PETTAH POLICE STATION, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, PETTAH POLICE STATION, THIRUVANANTHAPURAM. 4. VISHWAMBHARAN NAIR, "SIVASARAS", HOUSE NO.145,NSS LANE, THIRUVANANTHAPURAM. 5. SOMAM, C/O.VISHWAMBHARAN NAIR, "SIVASARAS", HOUSE NO.145, NSS LANE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31029/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE COLLEGE IDENTITY CAR OF THE 2ND PETITIONER. EXT.P2: COPY OF THE MARRIAGE AGREEMENT. EXT.P3: COPY OF THE MARRIAGE CERTIFICATE DT.19.10.2008 EXT.P4: COPY OF THE MARRIAGE PHOTOS. EXT.P5; COPY OF THE COMPLAINT DT.21.10.2008. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.31029 OF 2008 ---------------------------------------- Dated this the 3rd day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners 1 and 2 are husband and wife. They belong to different castes. They say they have got married as per the customary rights. In support of that submission, they have produced Ext.P4 series of photographs showing the traditional exchange of garlands and tying of the “Thali”. The 4th respondent is the father of the 2nd petitioner. He has not so far reconciled to the marriage of the petitioners. He is sending muscle men to the house of the 1st petitioner to threaten them. The 3rd petitioner is the father of the 1st petitioner. He is running a tea shop. Because of the harassment of the 4th respondent and his muscle men, the said petitioner cannot run his tea shop now, it is submitted. In the above background, the petitioners moved the police seeking necessary protection. Thereafter, this writ petition is filed alleging that the police did not take any effective action to protect them. They are under the influence of the 4th respondent, it is submitted. Though W.P.(C) No.31029/2008 2 notice was served on the 4th respondent, no one appeared for him. 2. The petitioner has yet another grievance against the police. On the complaint of the 4th respondent, it appears that they have registered a crime of women missing and they are on the prowl to catch the petitioners 1 and 2. So, they seek appropriate directions against the police not to interfere in their marital life. 3. The petitioners may appear before the 3rd respondent along with a copy of this judgment. In that event, the said respondent shall close further proceedings in the crime registered for woman missing. Now that the petitioners 1 and 2 have got married, the police have no jurisdiction or authority to meddle in their life, at the instance of the 4th respondent. The 3rd respondent shall also render them necessary protection to live in their house. If there is any threat or violence from the part of respondents 4 or 5, or their men the petitioners 1 and 2 may inform the 3rd respondent. In that event, the said respondent W.P.(C) No.31029/2008 3 shall render necessary protection. If warranted, the police shall render necessary protection to the petitioners 1 and 2 to go from the police station, after they appear before the 3rd respondent and to reach their house also. If, the respondents 4 or 5 or their supporters cause any obstruction to the running of the tea shop by the 3rd petitioner, he may also move the 3rd respondent. It that event, the said respondent shall take appropriate action, in accordance with law, to protect the 3rd petitioner. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps