High Court of KeralaWP(C)/3892/2015disposed of

Ayisha K.B. v. The District Police Chief

2015-02-06Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA 1936 WP(C).No. 3892 of 2015 (J) --------------------------- PETITIONER(S):

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AYISHA, K.B., D/O. YOUSAF M.T.P., AGED 26 YEARS, FATHIMA MANZIL, K.B. HOUSE, KAIPAD, PADNE P.O., KASARAGOD DISTRICT 2.

SHIBIN K. S/O. BALAKRISHNAN, AGED 30 YEARS, KALLATHURA QUARTERS, QUARTYER VALAPP, KANHANGAD P.O. KASARAGOD DISTRICT BY ADV. SRI.P.K.SUBHASH RESPONDENT(S):

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THE DISTRICT POLICE CHIEF, KASARAGOD PIN - 671 121 2.

CIRCLE INSPECTOR OF POLICE, NILESHWAR -671 314 3.

THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARGAOD DISTRICT - 671 121 4.

YOUSAF MTP., FATHIMA MANZIL, K.B. HOUSE, KAPIAD, PADNE P.O. KASARAGOD DISTRICT - 671 312 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

w.p.c. nO.3892/2015 APPENDIX PETITIONERS' EXTS:

EXT.P1: A TRUE COPY OF THE ELECTION IDENTIY CARD OF THE IST PETITIONER EXT.P1 A: TRUE COPY OF THE IDENTITY CARD OF THE 2ND PETITIONER EXT. P2: A TRUE COPY OF THE RELEVANT PAGE OF SSLC BOOK ISSUED TO THE IST PETITIONER EXT. P2 (A): A TRUE COPY OF THE RELEVANT PAGE OF SSLC BOOK ISSUED TO THE 2ND PETITIONER EXT. P3: A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE ARYA SAMAJ MANDIR CALICUT DATED 23-1-2015 EXT.P4: A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT FOR MARRIAGE CERTIFICATE DATED 29-01-2015 /TRUE COPY/ P.S. TO JUDGE

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... W.P. (C ) No. 3892 of 2015 - J ....................................................... Dated this the 6th day of February, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard the learned counsel for the petitioner and the th learned State Attorney. No notice is being issued to the 4 respondent in view of the order being passed.

2. Case of the petitioners' in the Writ Petition is that both the petitioners have become major. They have performed their marriage on 23-01-2015. It is submitted that the first nd petitioner petitioner belongs to Hindu Community and the 2 belongs to Muslim community. It is further submitted that the

W.P. (C ) No. 3892 of 2015 - J th respondent, father of said marriage has not been liked by the 4 th respondent had filed a complaint the first petitioner. The 4 before the police for 'man missing'. Learned counsel for the petitioners submits that the petitioners are ready to appear before the Magistrate, Hosdurg, Kasaragod. However, they require police protection even for appearing before the Magistrate.

In this context, we are of the view that if the petitioners approach before respondent No. 1, appropriate protection be provided to them to appear before the Magistrate, in which case, the Magistrate shall proceed in accordance with law. Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge