IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 14232 of 2010(D) --------------------------------------- PETITIONER(S): ---------------------- 1. CEDRIC CYRIL, CHERUPUSHPA MANDIRAM, VADAKKUM BHAGAM, ERAVIPURAM.P.O, KOLLAM-691011. 2. BEENA MARY.M, BIJU VILASAM, KAKKATHOPPU, ERAVIPURAM.P.O, KOLLAM-691011. BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.N.A.JOHN JACOB RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM. 3. ANTONY ALBERT, BIJU VILASAM, SAGARA NAGAR, HOUSE NO.105, ERAVIPURAM.P.O, KOLLAM-691011. R1 & R2 BY GOVERNMENT PLEADER SRI.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14232 OF 2010-D APPENDIX: PETITIONER'S EXHIBITS: EXT.P1-TRUE COPY OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE IST PETITIONER. EXT.P1A-TRUE COPY OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE 2ND PETITIONER. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.14232 of 2010-D ---------------------------------------------- Dated, this the 17th day of May, 2010 J U D G M E N T K.M.Joseph, J. Petitioners seek the following relief:-- “ to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to render adequate and effective police protection to the lives of the petitioner when they are in their native place for lawfully solemnizing and registering their marriage under the Special Marriage Act and to avert all kinds of threat being caused by the 3rd respondent and his henchmen to the lives of the petitioner.” 2. Briefly put, the case of the petitioners is as follows:--Petitioners are majors. They are aged 26 and 24 respectively. Both of them belong to Latin Catholic community. They are in love for long time. They wanted to get married. They want to solemnize and register their marriage under the Special Marriage Act at Eravipuram Sub Registrar office which is the jurisdiction of both the petitioners. WPC 14232/2010 -2- Petitioners have approached this Court raising complaints against the 3rd respondent and his men alleging that they are likely to prevent the petitioners from registering their marriage. 3. Though notice was taken out by special messenger to the 3rd respondent, it is endorsed that the 3rd respondent refused to accept the notice. We heard the learned counsel for the petitioner and also the learned Government Pleader. 4. Petitioners are majors. Their complaint is against obstruction of marriage under the Special Marriage Act. It would appear to us that there is some merit in the complaint of the petitioners. The 3rd respondent is not willing to appear before the Court. In such circumstances, we are inclined to place confidence in the case set up by the petitioners. The writ petition is disposed of directing respondents 1 and 2 to give protection for the life of the petitioners for the purpose of applying for registering their marriage under the Special Marriage Act and as against any threat by the 3rd respondent to their lives. We however make WPC 14232/2010 -3- it clear that this judgment should not be understood as meaning that we have pronounced on the merits of the case of the petitioners as regards their right to get their marriage solemnized or registered under the Special Marriage Act and that is a matter for the competent authority to consider on merits in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS