Kerala High Court

WP(Crl.)/492/2017 of WILSON Vs STATE OF KERALA 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. 492 of 2017 (S) ----------------------------- PETITIONER(S): ------------- WILSON AGED 26 YEARS,

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, 1939WP(Crl.).No. 492 of 2017 (S) ----------------------------- PETITIONER(S):------------- WILSON AGED 26 YEARS, S/O.KURIYAKOSE, SRE NILAYAM, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOIVILA MURI, NEENDAKARA, KOLLAM.

BY ADV. SRI.PAUL K.VARGHESE

RESPONDENT(S):

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

1. STATE OF KERALA

REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

2. THE CITY POLICE COMMISSIONER, KOLLAM-691001.

3. THE CIRCLE INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA, KOLLAM DISTRICT-691583.

4. SUNITHA,

W/O.RASHEED (LATE), RIYAZ MANZIL, TAYYIL, MUKUNDAPURAM P.O., CHAVARA VILLAGE, KOTTUKADU MURI-691585.

5. RIYAZ,

S/O.RASHEED, RIYAZ MANZIL,TAYYIL, MUKUNDAPURAM P.O., CHAVARA VILLAGE, KOTTUKADU MURI-691585.

R4,5 BY ADV. SRI.C.S.MANU R1-3 BY GOVERNMENT PLEADER SRI.MANU RAJ K.J.

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 492 of 2017 (S) ----------------------------- APPENDIX

PETITIONER(S)' EXHIBITS

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

Page 1 of 2

EXHIBIT P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THEPARISH PRIEST OF ST. ANTONY'S CHURCH KOIVILA DATED 20.11.2017.

EXHIBIT P2 A TRUE COPY OF THE SCANNING REPORT ISSUED BY MRISCANNING RESEARCH CENTRE TO THE RAMZI DATED 20.11.2017.

RESPONDENT(S)' EXHIBITS----------------------- NIL

//True Copy//

PS to Judge

A.M. SHAFFIQUE & ASHOK MENON, JJ.

===========================W.P(Crl) No. 492 of 2017

==================

Dated this, the 29[th] day of December, 2017

J U D G M E N T

Shaffique, J.

Petitioner had approached this Court alleging that he hadlawfully married the detenue.

2. We have interacted with the detenue, who wasproduced before this Court. On our interaction, she stated thatshe is voluntarily residing with her parents and Ext.P1, thealleged marriage certificate, is only a mistake.

3. Perusal of Ext.P1 would show that it has no legalvalidity as the parties belong to two different communities.Under such circumstances, we do not think that any furtherdirection is required in the matter.

Writ petition is dismissed.

Rp

Sd/-

A.M. SHAFFIQUE, JUDGE

Sd/-

ASHOK MENON, JUDGE

//True Copy//

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