IMPORTANT POINTS
Sec. 11 of the Hindu Marriage Act would clearly mandate that in the case of any marriage solemnized after the commencement of the Hindu Marriage Act, a marriage could be declared by decree of nullity, if it contravenes any of the conditions specified in Clauses (i), (iv) and (v) of Sec. 5 of the Hindu Marriage Act, only on the basis of a petition that being presented by either party to the marriage against the other party concerned. That in view of the abovesaid mandate of law, no outside party including the close relatives can file any petition before any court for getting the marriage declared as a nullity on the ground of abovesaid contravention unless it is on the basis of a petition presented by either party to the marriage against the other party, etc.

ORDER :

1. The factual aspects projected in this Criminal Miscellaneous Case filed under Sec. 482 of the Cr.P.C. are as follows:

The petitioners herein are husband and wife and their marriage was solemnized on 16.5.2018 and the solemnization of the marriage has also been registered under the provisions of the Kerala Registration of Marriage (Common) Rules, 2008. That the petitioners are living together in the house of the 1st petitioner, along with his mother. It is pointed out that there was an intense love affair between the petitioners and the marriage proposal was strongly opposed by the parents of the 2nd petitioner. Further that the 2nd petitioner's elder sister is a practising lawyer at Alappuzha and Cherthala Bar and that as per her instructions, the 2nd respondent, who is the father of the 2nd petitioner, has filed private criminal complaint as per Anx. A5 alleging that the 1st petitioner has kidnapped the 2nd petitioner and that the 2nd petitioner is a mentally unfit person and that the 1st petitioner is ill-treating the 2nd petitioner and that the 1st petitioner has thereby committed offences under Sec. 120B, 344, 347, 361, 363, 364A, 365, 366, 368, 372 and 506(ii) of the I.P.C. Pursuant to the directions issued by the learned Magistrate under Sec. 156 (3) of the Cr.P.C., the Police has registered Anx. A6 FIR in Crime No. 1796/2018 of Alappuzha North Police Station, for the abovesaid offences. Thereafter the Police has conducted an intense and extensive investigation and has filed Anx. A7 final report/charge sheet dated 3.10.2018 in the abovesaid Crime No. 1796/2018 of Alappuzha North Police Station, before the Chief Judicial Magistrate's Court, Alappuzha. In Anx.A7 final report is submitted as a refer report, wherein the Police has conclusively found that all the allegations raised in Anx. 5 and Anx. A6 are false and that the case is only to be referred.

2. Subsequently, it appears that the 2nd respondent has filed Anx. A8 Criminal Miscellaneous Petition No.4847/2018 purportedly under Sec.101(3) of the Mental Healthcare Act, 2017 (Mental Health Act, 2017) alleging that the 2nd petitioner is a mentally ill person and that 1st and 2nd petitioners herein come within the prohibited degree of relationship and also placing reliance on Anx.A-9 certificate dated 10.5.2018 said to have been issued by the 3rd respondent herein, who is stated to be running a counseling centre, etc.

3. The prayer in Anx.A-8 petition said to have been filed under Sec. 101(3) of the Mental Health Act, 2017, is that as the 2nd petitioner herein is a mentally ill person, necessary proceedings should be initiated as provides under Sec. 102 of the Mental Health Act, 2017. The 1st petitioner herein alone has been arrayed as the respondent in Anx.A8 petition. The 1st petitioner has filed detailed objections as per Anx.A-10 in respect of the matters raised in Anx. A8 petition. Anx.A-12 is the proceedings sheet of the Chief Judicial Magistrate Court, Alappuzha, who has dealt with Anx. A8 Criminal Miscellaneous Petition No.4847/2018. On 22.12.2018, the learned Magistrate had directed to produce the 2nd petitioner herein. The proceedings sheet would further disclose that on 1.1.2019, the 2nd petitioner herein was produced and the learned Magistrate has clearly noted that on interaction, it is found that the 2nd petitioner appears to be conscious and oriented and not disturbed in any manner as alleged. Her educational qualifications and details were also produced. However, it is specifically noted that the 2nd respondent herein (petitioner therein) was absent and there is no representation. The learned Magistrate has then posted the matter for further enquiry. On 8.1.2019, the petitioner therein/R-2 herein and the respondent therein/1st petitioner herein, were present and the 2nd petitioner herein was also present and it was adjourned to 15.1.2019 for objection and further inquiry. A perusal of Anx. A-12 proceedings sheet would further disclose that on 15.1.2