George K.P 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 WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(Crl.).No. 131 of 2015 (S) ----------------------------- PETITIONER(S):
---------------------- GEORGE K.P., AGED 49 YEARS S/O. POULOSE, KARUMATTU KILITHATTIL HOUSE MALAYIDAMTHURUTHU P.O., 683561 KIZHAKKAMBALAM KUNNATHUNADU TALUK, ERNAKULAM DISTRICT BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S):
------------------------
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM 695001
2. THE DIRECTOR GENERAL OF POLICE, STATE OF KERALA, POLICE HEAD QUARTERS THIRUVANANTHAPURTAM-695001
3. CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU, PATTIMATTOM PO, PIN 683562
4. SUB INSPECTOR OF POLICE THDIYITTAPARAMBU POLICE STATION THDIYITTAPARAMBU P.O., PIN- 683105
5. MANU, AGED ABOUT 25 S/O. MOHANAN, MANU BHAVAN, KRISHNAPURAM PO KAYAMKULAM MOBILE NO.9745635340 MOBILE NO.OF DETENUE: 9645996264 R1 -R 4 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.TOM JOSE PADINJAREKKARA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 131 of 2015 (S) ----------------------------- APPENDIX PETITIONER'S EXHIBITS :
------------------------------------- EXHIBIT P1:TRUE COPY OF RELEVANT PAGE OF THE PASS PORT BEARING NO.K. 5985002 OF THE DETENUE TO SHOW THE DATE OF BIRTH OF THE DETENUE EXHIBIT P2: TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 24.3.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE
K.T.SANKARAN & P.D.RAJAN, JJ.
-------------------------------------- W.P.(Crl.) No.131 of 2015 -------------------------------------- Dated this the 1st day of April, 2015
JUDGMENT
K.T.Sankaran, J.
The petitioner alleged in the Writ Petition that his only daughter Riya George, who was studying for the second year B.Pharm course at St.James College, Chalakkudy, was missing from 24.3.2015 onwards and she has been under the illegal custody of the fifth respondent.
2.
The petitioner, Riya George and the fifth respondent are present. Riya George stated that her marriage with the fifth respondent was solemnised at Karimankavu Sivaparvathy Temple, Mattappally, Nooranadu.P.O. on 27.3.2015 and that marriage was registered under the Kerala Registration of
WP(Crl) 131/2015 Marriages (Common) Rules, 2008. Riya belongs to Christian community and the fifth respondent belongs to Hindu community. Therefore, the marriage allegedly solemnised on 27.3.2015 was not a legal customary marriage. Riya George stated that notice was given on 24.3.2015 for registration of their marriage under the Special Marriage Act and they will appear before the Registrar at the appropriate time and the marriage will be registered.
3.
The petitioner stated that since his daughter married the fifth respondent and since they are living together, he does not want to disturb them. His only interest is that Riya should not discontinue her studies and the fifth respondent may be directed not to put pressure on her to discontinue her studies. The fifth respondent stated that he has no objection in Riya George continuing her studies and he is also interested in her
WP(Crl) 131/2015 completing the B.Pharm course. This statement is recorded. Since the petitioner expressed the view that he has no objection in Riya George living with the fifth respondent, we close the Writ Petition. The fifth respondent and Riya George shall appear before Court on 25.5.2015 with the marriage certificate issued under the Special Marriage Act.
Post on 25.5.2015 for production of the marriage certificate. The Writ Petition is disposed of as above. K.T.SANKARAN JUDGE P.D.RAJAN JUDGE csl