High CourtsDivision Bench(2011) 05 KL CK 0118

Mohammed Janshir Basheer and Komath Harshada Dev Nair vs Kuttisankaran Nair and Others

High Court Of Kerala · Decided on 20 May 2011

HON’BLE JUDGES
S. Siri Jagan, J · M.L. Joseph Francis, J
CASE NUMBER
Writ Petition (C) No. 13449 of 2011 (E)

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Judgment

6 paragraphs · 365 words

S. Siri Jagan, J.—The Petitioners claim to be man and wife. The 2nd Petitioner professes Hindu religion. He met the 1st Petitioner while both were at Abudabi. Both have attained majority. They decided to marry and pursuant thereto, the 1st Petitioner, who was originally a Hindu, converted herself into Islam and their marriage was solemnized, is their contention. The 1st Respondent, who is the paternal uncle of the 2nd Petitioner, disapproved of the marriage. He has filed a complaint before Kathirur Police Station, which has been registered as Crime No. 170/11 alleging that the 2nd Petitioner has abducted the 1st Petitioner, which is pending consideration by the Additional Chief Judicial Magistrate, Thalasserry. The Petitioners now want to go to the Additional Chief Judicial Magistrate''s Court, Thalasserry to give statements in the matter. But they apprehend physical danger at the hands of the 1st Respondent when they go to the Additional Chief Judicial Magistrate''s Court. It is under the above circumstances, the Petitioners have filed this writ petition seeking the following relief:

"To Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 6 and 7 to provide the Petitioners with adequate police protection to appear before the Court of Additional Chief Judicial Magistrate, Thalasserry so as to give a statement to the learned Additional Chief Judicial Magistrate pertaining to crime No. 170/2011 of Kathirur Police Station."

2.

The 1st Respondent appears through counsel and submits that he has absolutely no intention to cause any harm to the Petitioners in any manner and he has no objection in the Petitioners appearing before the Chief Judicial Magistrate''s Court.

The above undertaking of the 1st Respondent is recorded. If contrary to the said undertaking anything happens, the 7th Respondent shall see that the Petitioners are permitted to appear before the Additional Chief Judicial Magistrate''s Court, Thalasserry without any threat from the 1st Respondent.

We make it clear that we have not accepted the allegations in the writ petition as correct and it is for the parties to prove the veracity of the same before the appropriate authorities including the Additional Chief Judicial Magistrate''s Court.

The writ petition is disposed of as above.