Disposed

Parameswaran Pillai v. the Deputy Superintendent of Police

Kerala HC22 Nov 2012WP(Crl.)/407/2012

Case brief

AI extract

What is this about?

This criminal writ petition concerns the marriage of a resident girl identified as Athulya to Anaz. The Court found both parties firm in their decision after counselling. The Court directed the Deputy Superintendent of Police to publish a marriage notice under the Special Marriage Act and facilitate their future marriage. The hostel stay of the girl was to continue until the marriage takes place.

What did the court decide?

Directed 2nd Respondent to arrange marriage notice under Special Marriage Act by 27-11-2012 and facilitate marriage post-notice expiry. Hostel stay to continue until marriage.

Parameswaran Pillai Vs the Deputy Superintendent of… — Matrimonial and Divorce | Kerala HC (2012)

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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 PIUS C.KURIAKOSE

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THE HONOOURABLE MR. JUSTICE BABU MATHEW P. JOSEPH

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THURSDAY, THE 22ND DAY OF NOVEMBER 2012/1ST AGRAHAYANA 1934

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WP(Crl.).No. 407 of 2012 (S)

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PETITIONER(S):

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PARAMESWARAN PILLAI, S/O. MADHAVAN PILLAI, RESIDING AT ATHULYA BHAVAN PUTHIYAVILA MURI, 690 531, KANDALLOOR PANCHAYAT KANDALLOOR VILLAGE, KAYAMKULAM, ALAPPUZHA.

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BY ADVS.SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN

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RESPONDENT(S): --------------

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THE DEPUTY SUPERINTENDENT OF POLICE KAYAMKULAM. PIN 690 502.

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THE SUB INSPECTOR OF POLICE KAYAMKULAM PIN 690 531.

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ANAZ, AGED 22, S/O.HAMSA RESIDING AT THURUTHIL HOUSE CHERAVALLY P.O, KAYAMKULAM 690 502.

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HAMSAKUTTY, RESIDING AT THURUTHIL HOUSE, CHERAVALLY P.O., KAYAMKULAM - 690502.

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ATTAKUNJU RESIDING AT THURUTHIL HOUSE, CHERAVALLY P.O KAYAMKULAM 690 502.

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R3 to R5 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) BY ADV. SRI.A.R.DILEEP BY ADV. SRI.MANU SEBASTIAN R1 & R2 BY SR. GOVERNMENT PLEADER SRI. SHIBU JOSEPH

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22-112012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & BABU MATHEW P. JOSEPH, JJ.

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

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W. P. (Cr) No. 407 of 2012

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======================= Dated this the 22^nd day of November, 2012

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JUDGMENT

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PIUS C. KURIAKOSE, J.

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Read our orders dated 21-8-2012, 6-9-2012, 9-102012, 11-10-2012 and 29-10-2012. Smt.Athulya is brought to this Court. Petitioner Parameswaran Pillai and third respondent Anaz are also present. We interacted with each one of them. We have gone through the counselling report dated 20-11-2012 submitted by Smt. Jessy Alexander, Family Counsellor attached to the People's Council for Social Justice. In the above report the counsellor has reported that Smt.Athulya is found to be firm in her decision to marry Anaz and to live with him. She has further reported that she is of the opinion that a counselling with Anaz could be useful to change the attitude of Athulya. Sri.Anaz seems to be equally determined to marry Smt.Athulya.

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Under the above circumstances, we are of the view

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WPCR 407/2012 2

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that no useful purpose will be served, if the present state of affairs is allowed to continue. We, therefore, direct the 2^nd respondent to make immediate arrangements for the submission of notice of intended marriage between Authulya and Anaz under the provisions of the Special Marriage Act at the Marriage Office, Kayamkulam. Notice shall be submitted on 27-11-2012. When the period of that notice expires, the 2^nd respondent will personally meet Athulya and Anaz and confirm that both of them continued to be determined in getting married under the provisions of the Special Marriage Act. If they are found to be firm in their decision on getting married, the 2^nd respondent shall make arrangements to have the marriage between Athulya and Anaz under the provisions of the Special Marriage Act without further delay. Needless to mention that once Adthulya and Anaz are married under the provisions of the Special Marriage Act, Athulya will be free to join Anaz. Till marriage of Athulya and Anaz will be solemnized, the present arrangement regarding stay of Athulya in the hostel

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WPCR 407/2012

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will continue. Anaz will be allowed to visit Athulya during the visiting hours of the hostel on Saturdays and Sundays. The parents should be allowed to visit on every day of the week.

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Issue a copy of this judgment to the counsel for the parties and also Sri. Shibu Joseph, Senior Government Pleader.

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PIUS C. KURIAKOSE, JUDGE

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BABU MATHEW P. JOSEPH, JUDGE

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nkm.

Parameswaran Pillai v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

Parameswaran Pillai v. the Deputy Superintendent of Police

Case brief

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