SALI Vs. SANTHOSH

JUDGEMENT

(1.) In this Writ Petition filed under Article227 of the Constitution of India, we have adopted an unusual procedure akin to that of a Trial Court to decide the issue as to whether or not the proposed marriage of petitioner No. 1, Ms. Sali, aged 20 years with Mr. Shiline is to be permitted to be solemnized on March 29, 2009, in view of the peculiar facts and circumstances of the case.

(2.) The facts revealed from the materials available on record may be briefly noticed:

(3.) The respondent herein, claiming that he had married petitioner No. 1 on December 12, 2008 by undergoing customary rites prevalent in the Ezhava community, filed a petition for injunction before the Family Court, Trichur in O.P. No. 377/2009 under Section 7 of the Family Court Act praying for a decree of permanent prohibitory injunction restraining Ms. Sali (petitioner No. 1), her parents, brother and also her uncle from conducting the marriage of Ms. Sali with any other person. Along with the Original Petition, the respondent had filed an interlocutory application for temporary injunction. The said application was allowed by the Family Court and an exparte order of interim injunction was passed on March 23, 2009 by which the petitioners herein were restrained from conducting the marriage of Ms. Sali. A true photocopy of the interim order of injunction passed by the Family Court is on record as Ext. P-7.