Arun V.V. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(Crl.).No. 58 of 2015 (S) PETITIONER:
ARUN V.V., AGED 23 YEARS S/O.VIKRAMAN, RESIDING AT T.C-31/762 PULIKKAL PUTHUVAL VEEDU, KADAKAMPALLY, ANAYARA P.O., THIRUVANANTHAPURAM.
BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G.
SRI.MANU V.
SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR RESPONDENTS:
1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HOME AFFAIRS GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY OFFICE OF THE COMMISSIONER OF POLICE, VAZHUTHACAUD THIRUVANANTHAPURAM-695014
3. THE CIRCLE INSPECTOR OF POLICE PETTAH POLICE CIRCLE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PETTAH THIRUVANANTHAPURAM-695024
4. THE SUB INSPECTOR OF POLICE PETTAH POLICE STATION, PETTAH THIRUVANANTHAPURAM-695024.
5. JETLIN MATHEW, W/O.MATHEW E.PEREIRA NOW RESIDING AT T.C-76/567-2 (8/138/627B) "RABEKA" KADAKAMPALLY, ANAYARA P.O THIRUVANANTHAPURAM-695 029 R1 TO R4 BY DIRECTOR GENERAL OF PROSECUTION SRI.ASAF ALI R5 BY ADV. SRI.N.R.SURESH KUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 58 of 2015 (S) APPENDIX PETITIONER'S EXHIBITS EXT.P1 PHOTOCOPY OF THE MARRIAGE CERTIFICATE NO.46/2014 DATED 22.03.2014 ISSUED BY THE MARRIAGE OFFICER, THIRUVANANTHAPURAM.
EXT.P2 A PHOTOGRAPH OF THE PETITIONER AND AKHILA TAKEN ON THE DATE OF THEIR MARRIAGE.
RESPONDENTS' EXHIBITS : NIL //TRUE COPY// AHZ/
K.T.SANKARAN & P.D.RAJAN, JJ.
---------------------------------------------------- W.P.(Crl.) No.58 of 2015 (S) ---------------------------------------------------- Dated this the 13th day of February, 2015
JUDGMENT
K.T.Sankaran, J.
The case of the petitioner is that he fell in love with the daughter of the fifth respondent and registered their marriage under the Special Marriage Act on 22.3.2014. Even after the registration of the marriage the girl went to her house and at that time it was not disclosed to her parents that the marriage was registered. It is stated that later the parents of the fifth respondent came to know of the marriage and they protested. The Writ Petition is filed alleging that the fifth respondent has illegally detained her daughter, whom the petitioner had married on 22.3.2014.
2. The petitioner, the alleged detenue and the fifth respondent are present. The alleged detenue stated before us that she was cheated and defrauded by the petitioner and there was no marriage as per her consent. She never intends to go with the petitioner and she would like to go with her mother. The petitioner denied these allegations.
W.P.(Crl.) No.58 of 2015 (S) :: 2 ::
3. The question whether the marriage is valid is to be decided by the Court having jurisdiction. Leaving open the rights of the respective parties to approach the appropriate forum for appropriate reliefs, the Writ Petition (Criminal) is dismissed.
4. The fifth respondent stated that her husband is working abroad and there is constant threat from the side of the petitioner. The fifth respondent stated that the petitioner made a threat that he would take her daughter forcibly. The petitioner denied all the allegations levelled against him. The Sub Inspector of Police, Pettah Police Station (fourth respondent) shall ensure that no threat is caused by the petitioner to the life, liberty and security of the fifth respondent and her daughter.
Handover a copy of the judgment to the learned Government Pleader.
(K.T.SANKARAN) Judge (P.D.RAJAN) Judge ahz/