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2015 Supreme(Mad) 2196

S.TAMILVANAN, V.S.RAVI
M. Mohamed Abbas – Appellant
Versus
Chief Secretary, Government of Tamil Nadu – Respondent


Advocates Appeared:
For the Appellant :W. Peter Ramesh Kumar, Advocate
For the Respondents:K. Chellapandian, Additional Advocate General assisted by A.K. Baskarapandian, Special Government Pleader

JUDGMENT

S. Tamilvanan, J.

1. This Writ Petition has been filed seeking an Order in the Nature of Writ of Mandamus or any other Order or direction, in the nature of Writ, forbearing the Respondents from in any way interfering with any marriage being solemnized as per the Muslim Personal Law, by invoking the provisions of the Prohibition of Child Marriage Act, 2006 (hereinafter referred to as "the Act") and the Rules made thereunder. This Writ Petition has been filed in the nature of Public Interest Litigation. The Miscellaneous Petition in M.P.(MD) No. 2 of 2015 was filed by the Writ Petitioner, seeking an Order to direct the Respondents 7 to 9 to produce Miss Aysha Banu, daughter of one Syed Abuthahir and set her at liberty, to the custody of her parents, stating that the minor girl, aged 16 years was taken by the officials of Social Welfare Department and kept in the Home, run by the 9th Respondent, on account of the marriage being arranged by her parents, against the provisions of Prohibition of Child Marriage Act, 2006. Having considered the facts and circumstances, this Court, by Order dated 6.3.2015, had directed the Respondents to produce the minor girl Aysha Banu before this








































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