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2014 Supreme(Mad) 3773

S.RAJESWARAN, P.N.PRAKASH
S. Balakrishnan Pandiyan – Appellant
Versus
Superintendent of Police, Kanchipuram, Kanchipuram District – Respondent


Advocates Appeared:
For the Petitioners:S. Sivakumar, A. Arul Deepan, Advocates.
For the Respondents:R1 to R3, V. Jayaprakash Narayanan, Spl. Govt. Pleader, M. Maharaja, Additional Public Prosecutor, R4, J.C. Durai Raj, R2, D. Raja, S.Y. Masood, Ravikumar Paul, Vijayakumar, Advocates, R.C. Paul Kanagaraj, President, Madras High Court Advocates Association, Tamizh Mani, President, Madras Bar Association, V. Raghavachari, Amicus Curiae.

Order

P.N. Prakash, J.

1. Sitting in the Habeas Corpus jurisdiction, we frequently came across cases filed by young men between 21 and 25 contending that, the given detenue is his wife having married and registered the marriage either in the Office of the Marriage Registrar, Chennai North (Joint-I) or Marriage Registrar, Royapuram, and further alleging that the parents are keeping the detenue in illegal custody.

2. On the strength of the Marriage Certificate produced by the petitioner, we were routinely issuing Rule Nisi for the production of the detenue in order to check if she was in the illegal custody of her parents. In several cases we found the detenue, when produced before us, telling that she has not undergone any solemnisation of marriage with the petitioner and even repudiated the very Certificate of Marriage as a bogus one.

3. In HCP No.2767/2013, S. Balakrishnan Pandiyan, the petitioner, has stated in his affidavit that he hails from Theni District and had fallen in love with the detenue and that they got married on 14.06.2013 at Arulmighu Vadapalani Murugan Temple in Chennai and that the marriage was registered under the Tamil Nadu Registration of Marriage Act, 2009 with

























































































































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