Kiran S v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(Crl.).No. 107 of 2015 (S) ----------------------------- PETITIONER:
-------------------------- KIRAN S AGED 26 YEARS S/O.SURESHCHANDRA BABU, 'CHITHRALAYA', CHAKRAPANIPURAM PUTHUKULANGARA PO, UZHAMALAKKAL VILLAGE NEDUMANGAD TALUK, THIRUVANANTHAPURAM 695541 BY ADV. SRI.AYYAPPAN SANKAR RESPONDENTS:
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1. STATE OF KERALA REPRESENDED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM 695001
2. SUB INSPECTOR OF POLICE ADOOR POLICE STATION, ADOOR, PATHANAMTHITTA DISTRICT
3. DEPUTY SUPERINTENDENT OF POLICE ADOOR, PATHANAMTHITTA DISTRICT
4. AS.JOSEPH, AGED ABOUT 57 YEARS ANEDATHU MELATHIL , PERINGANADU PO, ADOOR PATHANAMTHITTA DISTRICT 691528
5. JOBIN, AGED 33 YEARS S/O.A.S.JOSEPH, ANEDATHU MELATHIL, PERINGANADU PO ADOOR, PATHANAMTHITTA DISTRICT 691528 R1-3 BY ADDL.DIRECTOR GENERAL OF PROSECUTION MR. TOM JOSE PADINJAREKKARA R4-R5 BY ADV. SRI.D.KISHORE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 107 of 2015 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE PHOTOCOPY OF THE DRIVING LICENSE OF PETITIONER P2:TRUE PHOTOCOPY OF ELECTORAL IDENTITY CARD OF JIJIN P.JOSEPH P3:TRUE PHOTOCOPY OF NOTICE OF INTENDED MARRIAGE ISSUED FROM THE MARRIAGE OFFICER, ARYANAD ALONG WITH FEE RECEIPT AND ACKNOWLEDGMENT P4:TRUE PHOTOCOPY OF THE PETITION SUBMITTED BEFORE RESPONDENTS 2 AND 3 ALONG WITH RECEIPT THEROF DATED 11.03.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL ks.
True copy P.S. (Hr.Gr.)To Judge
K.T. SANKARAN & BABU MATHEW P. JOSEPH, JJ.
============================== W.P.(Crl.) No. 107 of 2015 ============================== Dated this the 17th day of March, 2015
JUDGMENT
K.T. Sankaran, J.
The petitioner, Kiran. S., states that he is in love with Jijin P. Joseph, the daughter of the 4th respondent, A.S. Joseph. Kiran and Jijin decided to register the marriage under the Special Marriage Act. A notice was given under the Special Marriage Act. It is stated that the marriage was to take place on 6.3.2015. The petitioner alleges that before that date Jijin P. Joseph was forcibly taken away by
her parents from the rented house where she was staying with her friends.
2. The petitioner, Jijin P.Joseph and her father (4th respondent) are present today. Jijin P. Joseph states that she wants to marry the petitioner with the blessings of her father. The father of Jijin P. Joseph stated that he has no objection in Kiran marrying his daughter, Jijin P.Joseph. in accordance with law. Since both parties stated that notice was given under the Special Marriage Act and that marriage can be registered on any day, we direct the petitioner, Kiran. S., and Jijin P. Joseph to appear before the Marriage Officer, Aryanadu on 19.3.2015 at 10 a.m.
Since there is no dispute between the parties now, it is not necessary to keep this writ petition pending. If for any reason Kiran. S. and Jijin P. Joseph fail to appear before the Marriage Officer on 19.3.2015, any of the parties would be entitled to file a memo in this writ petition in which event
this writ petition shall stand revived and shall be posted on the next day.
The writ petition is accordingly closed.
Sd/- K.T. SANKARAN JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE ks True copy P.S. (Hr.Gr.)To Judge