IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37108 of 2010(K) ------------------------------------- PETITIONER(S): ---------------------- 1. NISHAD KABEER KUTTY,AGED 22 YEARS, S/O.KABEERKUTTY, KAVUMBURATHU,CHINGOLI PO, ALAPPUZHA DISTRICT , PIN 690 532,NOW RESIDING AT SF2,STERLING SAGAR, JANATHA ROAD, VYTTILA PO, ERNAKULAM. 2. MONISHA MOHANAN,AGED 22 YEARS, S/O.MOHANAN,MOHANSVILLA, MUDIYOORKONAM PO, PATHANAMTHITTA DISTRICT, PIN 689 516, NOW RESIDING AT SF2,STERLING SAGAR, JANATHA ROAD, VYTTILA PO,ERNAKULAM. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REP.BY SECRETARY, HOME DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-1. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA 688 001. 3. THE CITY POLICE COMMISSIONER, ERNAKULAM-31. 4. SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION, KAREELAKULANGARA,ALAPPUZHA DISTRICT 688 001. 5. MOHANAN,AGED 56 YEARS, S/O.DAYANANDAN, MOHANSVILLA, MUDIYOORKONAM PO, PATHANAMTHITTA DISTRICT- 689 516. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.KVIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC No.37108 OF 2010: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF NOTICE. EXT.P2.TRUE COPY OF COMPLAINT DATED 12.12.2010. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.37108 of 2010-K ---------------------------------------------- Dated, this the 22nd day of December, 2010 J U D G M E N T K.M.Joseph, J. The prayer in the writ petition is as follows: “to issue a writ of mandamus or other appropriate writ, direction or order commanding respondents 2 to 4 to render necessary police protection towards the life of the petitioners.” 2. Briefly put, the case of the petitioners is as follows: Petitioners are applicants of marriage under the Special Marriage Act 1954. They belong to different communities. A notice was published as Ext.P1. The 5th respondent is the father of the 2nd petitioner. On knowing the notice, the 5th respondent and his wife with another relative came and met the petitioners and they told that they are willing to participate in the special marriage proceedings, but the 2nd petitioner has to join with them in Pandalam to perform certain ceremonies. The 2nd petitioner was taken back. It is stated that instead of poojas they put the 2nd petitioner on fear of death and duress. She was forcefully taken to S.R.O.Pandalam and before the 5th respondent and WPC 37108 of 2010 -2- compelled her to withdraw from the request to register the marriage. She escaped on 12.12.2010 and reached the Ist petitioner. The 2nd petitioner told that the threat issued by her father is that unless she withdraw from the marriage he will kill the petitioners, his wife and two daughters and he will commit suicide. Petitioners filed complaint and are before us. 3. We heard the learned counsel for the petitioners and learned Government Pleader. Though served, there is no appearance for the 5th respondent. We have already passed an interim order. We dispose of the writ petition by directing the 3rd respondent to give protection to the life of the petitioners as against the 5th respondent as and when required. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS