Nishad Kabeer Kutty and Monisha Mohanan vs State of Kerala and Others

K.M. Joseph, J.—The prayer in the writ petition is as follows:

to issue a writ of mandamus or other appropriate writ, direction or order commanding Respondents 2 to 4 to render necessary police protection towards the life of the Petitioners.

Briefly put, the case of the Petitioners is as follows:

Petitioners are applicants of marriage under the Special Marriage Act 1954. They belong to different communities. A notice was published as Ext. P1. The 5th Respondent is the father of the 2nd Petitioner. On knowing the notice, the 5th Respondent and his wife with another relative came and met the Petitioners and they told that they are willing to participate in the special marriage proceedings, but the 2nd Petitioner has to join with them in Pandalam toper form certain ceremonies. The 2nd Petitioner was taken back. It is stated that instead of poojas they put the 2ndPetitioner on fear of death and duress. She was forcefully taken to S.R.O. Pandalam and before the 5th Respondent and compelled her to withdraw from the request to register the marriage. She escaped on 12.12.2010 and reached the Ist Petitioner. The 2nd Petitioner told that the threat issued by her father is that unless she withdraws from the marriage he will kill the Petitioners, his wife and two daughters and he will commit suicide. Petitioners filed complaint and are before us.

We heard the learned Counsel for the Petitioners and learned Government Pleader. Though served, there is no appearance for the 5th Respondent. We have already passed an interim order. We dispose of the writ petition by directing the 3rd Respondent to give protection to the life of the Petitioners as against the 5th Respondent as and when required.