Shahabas Khan vs The State Of Kerala
2021 Latest Caselaw 22980 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                       WP(C) NO. 18343 OF 2021


PETITIONERS:

    1     SHAHABAS KHAN,
          AGED 24 YEARS
          S/O. K.U. SALIM, KORAMUTTIPARAMBIL HOUSE,
          KATTUNGACHIRA, IRINJALAKKUDA P.O,
          THRISSUR DISTRICT-680 125
    2     ARBAS KHAN K.S,
          AGED 26 YEARS
          S/O. K.U. SALIM, KORAMUTTIPARAMBIL HOUSE,
          KATTUNGACHIRA, IRINJALAKKUDA P.O,
          THRISSUR DISTRICT-680 125
    3     PARVATHI P.S,
          AGED 26 YEARS
          D/O. SHAJI P.S, 1-231, POYKKOPLAKKAL HOUSE,
          MUDHOOR P.O, UDUPPI, KARNATAKA.
          NOW RESIDING AT C/O. ARBAS KHAN K.S,
          S/O. K.U. SALIM, KORAMUTTIPARAMBIL HOUSE,
          KATTUNGACHIRA, IRINJALAKUDA P.O,
          THRISSUR DISTRICT-680 125
          BY ADVS.
          P.K.VARGHESE
          P.S.ANISHAD
          SANJANA RACHEL JOSE
          K.R.ARUN KRISHNAN

RESPONDENTS:

    1     THE STATE OF KERALA,
          REP. BY THE SECRETARY TO THE GOVERNMENT,
          HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001
    2     THE DEPUTY SUPERINTENDENT OF POLICE,
          IRINJALAKKUDA, IRINJALAKKUDA NORTH P.O,
          THRISSUR DISTRICT-680 125
    3     THE STATION HOUSE OFFICER,
          IRINJALAKKUDA POLICE STATION,
          IRINJALAKKUDA NORTH P.O,
          THRISSUR DISTRICT-680 125.
 WPC 18343/21                     2




     4     SHAJI P.S,
           AGED 50 YEARS
           POYKKOPLAKKAL HOUSE, MUDHOOR P.O,
           UDUPPI, KARNATAKA-576 233


           SMT.K.AMMINIKKUTTY, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC 18343/21                          3




                               JUDGMENT

The second and third petitioners say that they want to

marry each other, but that they have been obstructed by the

fourth respondent, who is the father of the third petitioner.

2. Noticing the afore submissions of Sri.K.P.Arun

Krishnan, I have passed an interim order on 8.9.2021, to the

following effect :

"The petitioners will take out notice before admission by speed post, returnable within 7 days to respondent No.4.

The learned Senior Government Pleader will obtain instructions from respondents 1 to 3.

List this case for further consideration on 23.9.2021 until which time the third respondent will ensure that the lives of the petitioners are adequately and effectively protected from threat or intimidation from any source, including respondent No.4."

3. Smt.K.Amminikutty, learned Senior Government

Pleader appearing for the official respondents, submitted that

the afore directions have been complied with fully and

consequently that the marriage between petitioners 2 and 3

has already been solemnised. She submitted that if any

complaint is raised by the petitioners in future, necessary

action will be taken.

4. Taking note of the afore submissions and since

Sri.Arun Krishnan affirms that the marriage of petitioners 2 and

3 is now complete, I order this Writ Petition confirming the

interim order dated 8.9.2021; with a consequential direction to

the third respondent - Station House Officer to afford adequate

and effective protection to petitioners 2 and 3 as and when

they make any complaint against any person, including the

fourth respondent or his men or his associates, in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE csl

APPENDIX OF WP(C) 18343/2021

PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE IN FORM I ISSUED BY THE MARRIAGE OFFICER IRINJALAKKUDA DATED 13.08.2021.

Exhibit P2 A TRUE COPY OF THE OBJECTION FILED BY THE 4TH RESPONDENT DATED 12.08.2021 TO THE MARRIAGE OFFICER, IRINJALAKKUDA. Exhibit P3 A TRUE COPY OF THE COMPLAINT FILED BY THE 2ND AND 3RD PETITIONERS BEFORE THE 3RD RESPONDENT DATED 17.08.2021.

Exhibit P4 A TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 28.08.2021.

Exhibit P5 A TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 3RD RESPONDENT DATED 28.08.2021.

Exhibit P6 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND PETITIONER DATED 26.08.2021 BEFORE THE MARRIAGE OFFICER, IRINJALAKKUDA. Exhibit P7 A TRUE COPY OF THE AFFIDAVIT SWORN BY 3RD PETITIONER DATED 26.08.2021 BEFORE THE MARRIAGE OFFICER, IRINJALAKUDA.