Athira Mohan v. P.S.Vishnu

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 11910 of 2013 (K) ---------------------------- PETITIONER(S):

-------------------------- ATHIRA MOHAN, D/O.MOHAN SINGH, AGED 21 YEARS RESIDING AT NALLOOR KIZHAKKETHIL, THATTA P.O., ADOOR PATHANAMTHITTA DISTRICT.

BY ADVS.SMT.K.KUSUMAM SMT.N.SHAMNA SRI. LEENU PRABHAKAR RESPONDENT(S):

----------------------------

1. VISHNU P.S, S/O.SURESH KUMAR,, AGED 26 YEARS RESIDING AT PUTHENVEEDU, KOONAMKARA P.O., PERUNADU RANNI, PATHAMTHITTA DISTRICT 689 711.

2. MR.V.R.HARI, ADVOCATE, PATHANAMTHITTA BAR ASSOCIATION UPSTAIRS OF KULATHUR PAINTS, NEAR THE MOSQUE PATHANAMTHITTA - 691 523.

3. THE SUPERINTENDENT OF POLICE, PATHANMTHITTA - 691 523.

4. THE SUB INSPECTOR OF POLICE, KODUMON, PATHANAMTHITTA DISTRICT 691 53.

R2 & 3 BY SR. GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11910 of 2013 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF MARRIAGE CERTIFICATE EXHIBIT P2: TRUE COPY OF CALL DETAILS ISSUED FROM THE BSNL OFFICE, FOR MOBILE NO.9495925064.

EXHIBIT P3: TRUE COPY OF COMPLAINT FILED BY THE PETITIONER TO PANCHAYATH SECRETARY, MALAYALAPUZHA, DATED 10/4/2013.

EXHIBIT P4: TRUE COPY OF MARRIAGE PHOTOGRAPH PUBLISHED IN THE KERALA KOUMUDI DAILY DATED 12/4/2013.

EXHIBIT P5: TRUE COPY OF COUNTER AFFIDAVIT OF THE PETITIONER IN WP(CRL) 180/2013, OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXHIBIT P6:TRUE COPY OF ORDER IN WP(CRL) 180/2013 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

EXHIBIT P7: TRUE COPY OF COMPLAINT TO THE S.I OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, BY THE PETITIONER'S FATHER. EXHIBIT P7(A): TRUE COPY OF RECEIPT ISSUED FROM THE CENTRAL POLICE STATION, ERNAKULAM TO THE PETITIONER'S FATHER, DATED 23/4/2013. EXHIBIT P8: TRUE COPY OF COMPLAINT FILED BY THE PETITIONER'S FATHER DATED 23/4/2013, BEFORE THE S.I. OF POLICE, KODUMON. EXHIBIT P8(A): TRUE COPY OF RECEIPT ISSUED FROM THE S.I. OF POLICIE, KODUMON, DATED 24/4/2013.

EXHIBIT P9: COPY OF ANONYMOUS LETTER WHEREIN IT WAS THREATENED THAT THE PETITIONER'S BROTHER WOULD BE ASSASSINATED.

EXHIBIT P9(A):COPY OF COVER IN WHICH THE EXHIBIT P9 LETTER WAS RECEIVED EXHIBIT P10: TRUE COPY OF COMPLAINT FILED BY THE PETITIONER'S FATHER TO THE S.I. OF POLICE, KODUMON.

EXHIBIT P10(A): TRUE COPY OF RECEIPT DATED 24/4/2013 ISSUED BY THE POLICE, ON THE SAID COMPAINT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & K. RAMAKRISHNAN., J -------------------------------------------------------------- W.P(C). No. 11910 of 2013 --------------------------------------------------------------- Dated this the 17th day of December, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard counsel for the petitioner and learned Government Pleader.

2. This writ petition has been filed seeking police protection as well as for quashing Ext.P1, which is a marriage certificate dated 9.4.2013. The petitioner's case is that the petitioner was made to participate in the marriage and certain photographs were taken. Marriage was also registered. Petitioner's case is that she objected to marriage and was never willing for the marriage. Certain complaints are said to have been filed by the petitioner. Reference is also made to Habeas Corpus petition No.180 of 2013. O.P. No.10 of 2013 is also pending before the Family Court. This Court has passed an interim order on 7.5.2013.

3. Learned Government Pleader submits that proper protection was provided and no untoward incident has been reported after filing of the writ petition.

W.P(C).11910/13

4. In view of the aforesaid, we close the writ petition with liberty to the petitioner to approach the police if there is any further cause of action. As far as the prayer to quash the marriage certificate is concerned, the petitioner shall take appropriate steps before the competent Court. The writ petition is closed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- K. RAMAKRISHNAN JUDGE sou.19/12/15