Allowed

Mithu Babu v. State of Kerala and Others

Kerala HC21 Jul 2010WP(C)/20820/2010

Case brief

AI extract

What is this about?

In a writ petition seeking injunction against family harassment related to the petitioner's marriage, the High Court of Kerala observed that the marriage between the petitioner and her husband was solemnized. Consequently, the court disposed of the petition by making the interim order absolute.

What did the court decide?

The interim order directing non-harassment was made absolute and the writ petition was disposed of.

Mithu Babu Vs State of Kerala and Others — Matrimonial and Divorce | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS

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WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932

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WP(C).No. 20820 of 2010(B) --------------------------

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PETITIONER:

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MITHU BABU, AGED 24, D/O.M.S.BABU, MANIYAMKUNNEL HOUSE, VANDANPATHAL P.O., MUNDAKKAYAM, KOTTAYAM DISTRICT, NOW RESIDING AT LADIED HOSTEL, KALOOR, KOCHI-17.

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BY ADV. SRI.PRAVEEN K. JOY SRI.T.A.JOY

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RESPONDENTS:

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STATE OF KERALA, REP.BY SECRETARY, (HOME DEPARTMENT), SECRETARIAT, TRIVANDRUM.

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COMMISSIONER OF POLICE, ERNAKULAM.

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SUPERINTENDENT OF POLICE, KOTTAYAM.

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SUB INSPECTOR OF POLICE, KANJIRAPPALLY POLICE STATION.

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M.S.BABU, MANIYAMKUNNEL HOUSE, VANDANPATHAL P.O., MUNDAKKAYAM, KOTTAYAM DISTRICT.

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GOVERNMENT PLEADER, SHRI. T.K.VIPINDAS FOR R1 - 4

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 20820 of 2010

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE PHOTOSTAT COPY OF RECEIPT DATED 5.6.10 OF ST. MARY'S CATHEDRAL, ERNAKULAM

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EXT.P2 : TRUE PHOTOSTAT COPY OF THE APPLICATION BEFORE THE MARRIAGE OFFICER FOR ERNAKULAM DISTRICT UNDER THE SPECIAL MARRIAGE ACT.

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EXT.P3 : TRUE PHOTOSTAT COPY OF PETITION BEFORE THE 2ND RESPONDENT DATED 26.6.2010.

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EXT.P4 : TRUE PHOTOSTAT COPY OF PETITION SUBMITTED BEFORE THE 3RD RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY //

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K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.

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W.P.(C).No. 20820 of 2010 B

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Dated this the 21st day of July, 2010

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JUDGMENT

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Joseph, J.

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The petitioner has approached this Court seeking the following reliefs:

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“i) issue a writ, order or direction in the nature of mandamus or other appropriate writs directing the 4^th respondent not to harass the petitioner and her family members and friends and also the relatives on the groom under the instigation and pressure of the 5^th respondent, in the interest of justice.

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ii) issue a writ, order or direction in the nature of mandamus or other appropriate writs directing respondent No.2 to consider Ext.P3 and also direct the third respondent to consider Ext.P4 and to take

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W.P.(C).No. 20820 of 2010

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action and direct the 4^th respondent not to harass the petitioner and the relatives of the groom and friends under the instigation and pressure of the 5^th respondent, in the interest of justice.”

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Petitioner is the daughter of the 5^th respondent. She decided to marry one Siby John. It is not liked by the 5^th respondent. It is submitted that every body in the family was interested for the marriage and it was informed to the other side. The father of Siby John booked hall for the marriage and donation for the marriage was paid. Thereafter the 5^th respondent started objecting to the marriage. It is submitted that the petitioner had approached this Court on the basis of the threat received by her at the instigation of the 5^th respondent.

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Today when the matter came up, learned counsel for the petitioner submits that the marriage between the petitioner and Siby John has been solemnized in a Church at Changanacherry.

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W.P.(C).No. 20820 of 2010

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In such circumstances, we dispose of the Writ Petition by

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making the interim order absolute.

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(K. M. JOSEPH)

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Judge

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(M.L. JOSEPH FRANCIS) Judge

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Mithu Babu v. State of Kerala and Others

Case brief

What is this about?

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Mithu Babu v. State of Kerala and Others

Case brief

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