IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 28652 of 2007(J) -------------------------- CMP.2436/2007 of J.M.F.C.-V,KOZHIKODE .................... PETITIONER(S): --------------- 1. TIJU P.SIMON, AGED 25 YEARS, S/O.P.L.SIMON, PUTHENPARAMBIL HOUSE, NEEZHOOR PO, KOTTAYAM DISTRICT NOW RESIDING AT TERESA BHAVANAM MUHAMMA, ALAPPUZHA DISTRICT- 688525. 2. FASEELA, AGED 23 YEARS, W/O.TIJU P.SIMON, PUTHENPARAMBIL HOUSE, NEEZHOOR P.O., KOTTAYAM DISTRICT NOW RESIDING AT TERESA BHAVANAM, MUHAMMA, ALAPPUZHA DISTRICT- 688525. BY ADV. SRI.C.C.THOMAS (SR.) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE. 2. MUHAMMED BASHEER, AGED 48 YEARS, S/O.MUHAMMED, MUNNILAPADAM MANAKKATTIL, PUTTEKKAD, FEROKE, KOZHIKODE. BY PUBLIC PROSECUTOR SMT. PUSHPALATHA M.K. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 PHOTOCOPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE MARRIAGE OFFICER, KADUTHURUTHY DATED 25.7.2007 EXT.P2 PHOTOCOPY OF THE SUMMONS DATED 13.8.2007 ISSUED FROM THE JFCM COURT V, KOZHIKODE EXT.P3 PHOTOCOPY OF THE PETITION, CMP NO.2436/2007 FILED BY SECOND RESPONDENT BEFORE THE JFCM V., KOZHIKODE. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P. (C) No.28652 OF 2007 J -------------------------------------- Dated this the 16th day of October, 2008. JUDGMENT Second petitioner is the daughter of second respondent. First petitioner is the husband of second petitioner. They claimed that they got married in accordance with the provisions of the Special Marriage Act and produced Ext.P1, certificate dated 25.6.2007 issued by the marriage officer. Grievance of the petitioners is that alleging that the second petitioner is in the illegal custody of the first petitioner, second respondent filed complaint in the court of Judicial First Class Magistrate-V, Kozhikode under Section 97 of the Code of Criminal Procedure pursuant to which, notice has been issued to the first petitioner to appear in that court. Petitioners say that they are lawfully married, are living together and that the complaint filed by the second respondent is an abuse of process of court. First petitioner apprehends that he may be manhandled by the men of the second respondent if he went to Kozhikode to answer the notice issued to him. Hence, petitioners requested that the complaint filed by the second respondent and notice issued thereon be quashed. 2. Second respondent and counsel remained absent. I heard counsel for petitioners and Public Prosecutor. 3. Learned counsel says that second respondent had filed a 2 similar complaint to the first respondent based on which Crime No.137 of 2007 was registered, first respondent enquired into the matter and found that the petitioners got married and are living together. Thereon, that case was closed. It is thereafter that the second respondent filed Ext.P3, complaint in the court below. As per direction of this Court, learned Public Prosecutor took instructions and submitted on 26.10.2007, that Crime No.137 of 2007 of Feroke Police station wherein the allegation was that second petitioner is missing has been closed on being satisfied that the second petitioner is married (to the first petitioner). 4. Ext.P1 shows that petitioners got married in accordance with the provisions of the Special Marriage Act on 25.6.2007. Ext.P3, complaint was preferred by the second respondent in the court below on 14.6.2007 under Section 97 of the Code of Criminal Procedure. In Ext.P3, second respondent requested that first petitioner be directed to produce second petitioner before the court. 5. Petitioners have attained majority and have got married as could be seen from Ext.P1. As such, it is not necessary to continue the proceedings pursuant to Ext.P3. Writ Petition is therefore, allowed. Exts.P2 and P3 are accordingly quashed. THOMAS P.JOSEPH, JUDGE. cks