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2019 Supreme(Mad) 2460

N.KIRUBAKARAN, P.VELMURUGAN
Commissioner, Corporation of Chennai – Appellant
Versus
Secretary, Department of Municipal Administration and Water Supply, Chennai – Respondent


Advocate Appeared:
For the Appellant :Karthika Ashok, Advocate.
For the Respondents:J. Pothiraj, P.R. Dhilip Kumar, S. Dayaleeswaran, T.P. Prabhakaran, Advocates.

JUDGMENT :

N. Kirubakaran, J.

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order made in W.P.No.19149 of 2009 dated 04.07.2019 on the file of the High Court of Judicature at Madras.

“CELIBACY” or “MATRIMONY” is one’s choice.

He or She can choose either “celibacy” or “matrimony” according to one’s own wish. Nobody can be compelled either to undertake celibacy or to get into matrimony and if it is done, it will be violation of fundamental right guaranteed under Article 21 of Constitution of India, apart from the basic human right.

2. Here is the case where a healthy male person is constrained or compelled to undergo celibacy because of the disability due to the injuries sustained by him in the accident. Such a situation is very grave one. The victim looses marital prospects depriving of marital bliss apart from suffering serious complication of Autonomic dysreflexia. The pain, suffering and mental agony being undergone by the victim can neither be estimated nor compensated. Accidents are source of violations of human rights and mainly fundamental rights

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