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2004 Supreme(Mad) 740

N.KANNADASAN, P.D.DINAKARAN
M. Shanmugam – Appellant
Versus
Maheswaran and another – Respondent


Advocates:
R.Sankarasubbu, for Petitioner.
V.Raghavachari, for Respondent No.1
Abudukumar Rajarathnam, Additional Public Prosecutor for Respondent No.2

P.D.Dinakaran, J.: The petitioner claims himself to be the husband of one Swarnambigai (hereinafter referred to as the “detenu”), who is said to have been detained by the first respondent, who is nonetheless the brother of the detenu, objecting the alleged marriage said to have taken place between the petitioner and the detenu on 14.4.2004 at Sri Aarunneswar and Sri Laksmi Narayana Devasthanam, Karimangalam, Palacode Taluk, Dharmapuri District.

2. Pursuant to the notice issued in this petition, the detenu was produced before us and we personally examined the detenu in the presence of the petitioner as well as first respondent.

3. The petitioner as well as the detenu are post graduates, having completed Master of Science in Mathematics. It is not in dispute that the detenu is a major. The detenu is able to understand the pros and cons of her choice to live with the petitioner. It is a common case of the petitioner and the detenu that they married on 14.4.2004 at Sri Aarunneswar and Sri Laksmi Narayana Devasthanam, Karimangalam, Palacode Taluk, Dharmapuri District in the presence of the elders by exchanging garlands, as also stated in the affidavit filed by the petitioner in support of









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