Kerala High Court
WP(Crl.)/496/2017 of AJILRAJ.V. Vs SRI.POLACHAN on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(Crl.).No. 496 of 2017 (S) ----------------------------- PETITIONER(S): ------------- AJILRAJ.V. AGED 24YEARS, S/O
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
WP(Crl.).No. 496 of 2017 (S) ----------------------------- PETITIONER(S):------------- AJILRAJ.V.
AGED 24YEARS, S/O VAMANAN V.E., RESIDING AT VETTIKKATTU HOUSE, ANIKKADU, AVOLY P.O. MUVATTUPUZHA.
BY ADVS.SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN SRI.T.VENUGOPAL
RESPONDENT(S):--------------
1. SRI.POLACHAN
VARAPPUZHAKKARAN HOUSE, NEELISWARAM P.O. NEELISWARAM, KALADY, ERNAKULAM DIST- 683 574. NEELISWARAM, KALADY, ERNAKULAM DIST- 683 574.
2. THE CIRCLE INSPECTOR OF POLICE
KALADY POLICE STATION, KALADY- 683 574
R1 BY ADV. SMT.ANNIE GEORGE R1 BY ADV. SRI.GEORGE V.MARKOSE R2 BY SRI.MANURAJ K.J., GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 496 of 2017 (S) ----------------------------- APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1 COPY OF THE MARRIAGE CERTIFICATE DATED 27-10-2017 ISSUEDBY THE MARRIAGE OFFICER, MUVATTUPUZHA
EXHIBIT P2 COPY OF THE CERTIFICATE ISSUED FROM THE SREE SUBRAMANYASWAMI TEMPLE MARADI ON 14-11-2017
EXHIBIT P3 COPY OF THE PHOTOGRAPHS SHOWING MARRIAGE BETWEEN THEPETITIONER AND HIRAN LIYA
EXHIBIT P4 COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORETHE CIRCLE INSPECTOR OF POLICE MUVATTUPUZHA ON 18-12-2017
RESPONDENT(S)' EXHIBITS
-----------------------
NIL
//TRUE COPY//
jg-29/12
PS TO JUDGE.
A.M.SHAFFIQUE & ASHOK MENON, JJ.
------------------------------------------- WP(Crl.) No.496 of 2017
------------------------------------------- Dated this the 29[th] day of December, 2017
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J U D G M E N T
A.M.Shaffique, J.
The petitioner has approached this Court alleging that thedetenue is being illegally detained by her father, the firstrespondent herein. It is alleged that the petitioner had married thedetenue under the Special Marriage Act, 1954 as per the certificateof marriage produced as Ext.P1.
2. The detenue is produced before this Court. On ourinteraction with the detenue, she has stated that she is voluntarilyresiding with her parents. According to her, the marriage under theSpecial Marriage Act came to be contracted on account of a mistakeand under the threat that the petitioner may commit suicide. Shehad also filed a petition before the Family Court for a declarationthat the marriage is null and void.
Having regard to the aforesaid factual situation, we do notthink that any direction as prayed for in this writ petition can begranted. The writ petition, hence, fails and is, accordingly,dismissed.
A .M.SHAFFIQUE
JUDGE
jg
ASHOK MENON JUDGE