K.R.DAVID Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE Chairman, The Taluk Legal Services Committee, North Paravur, Ernakulam District & (2) The District Police Chief (Rural), Ernakulam are impleaded suo motu as additional 3rd and 4th respondents respectively. The Registry to carry out corrections in the cause title. Sri. Biju Meenattor, the learned senior Government Pleader takes notice on behalf of the additional 3rd and 4th respondents.

(2.) ON considering this writ petition filed by the petitioner, who complains that his daughter, Femi David, is illegally detained by the 2nd respondent, we passed the following order on 19.03.2013.

(3.) WE may state at the very outset that the two certificates produced before us by Femi David do not reveal any valid marriage between her and the 2nd respondent. Neither of them claimed before us that Femi David has been converted to Hinduism. Femi David actually conceded before us that she continues to be a Christian - Latin Catholic. There cannot be a Hindu marriage between a Hindu boy and a Christian girl. When the parties belong to different religions, the marriage between them can only be solemnized by the Marriage Officer under the provisions of the Special Marriage Act. Evidently and admittedly, no marriage has been taken place under the provisions of the Special Marriage Act. We, therefore, hold that Femi David and the 2nd respondent are not married yet. Ordinarily, we would have permitted the petitioner and his wife, the parents of Femi David, to take Femi David along with them till a decision is taken regarding the conduct of marriage between Femi David and the 2nd respondent. But, Femi David is not in a mood even to talk to her parents.