THE HON’BLE SRI JUSTICE GADI PRAVEEN KUMAR WRIT PETITION No.4523 of 2012

ORDER:

Heard Sri D. Chandrakanth, learned counsel representing Sri D. Kanaka Sundar, learned counsel appearing for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent No.1, and learned Assistant Government Pleader for Home appearing for respondent Nos.2, 5 and 6.

2. This Writ Petition is filed by the petitioner to issue a specific direction to the respondent No.1 to make a specific and particular procedure to perform the marriages before the Arya Samaj or any other competent organizations performing marriages to declare such marriage held to be valid and also to give necessary instructions to the police to conduct detailed enquiry before giving protection to such parties, who to approach them for marriages without the consent of the parents.

3. Petitioner submits that he is doing business, having two sons and two daughters and leading a respectful life in society. He has performed the marriages of two sons and one elder daughter.

4. Petitioner submits that his younger daughter namely N. Suhasini was doing B.A.M.S course and he wanted to see her daughter as a big doctor, serving for the poor people in the society and his family members used to pay their utmost attention and preference to N. Suhasini in all means.

5. As the things stood thus, on 08.02.2012 at about 11.00 A.M., N. Suhasini went outside to the nearest tailoring shop with the permission of her mother, but till the evening she did not return home. However in the evening at 6.00 P.M., a police constable came to petitioner’s house and asked him to come to the police station at Amberpet where, he saw his daughter standing with an unknown person. The Sub-Inspector of police handed over a Marriage Certificate dated 08.02.2012, issued by the Purohit, Arya Samaj. The Marriage Certificate indicates that the Arya Samaj has performed the marriage of his daughter Ms. N. Suhasini with one Mr. K. Anil Kumar on 08.02.2012. When the petitioner tried to ascertain the details, he was necked out from the police station without having any speech with his daughter. Thereby, the petitioner was under big shock and ashamed by the inhuman behavior of the police officials in the police station. Upon becoming aware of the marriage, the petitioner’s wife namely N. Laxmamma, who is also a senior citizen became unconscious and shifted to hospital for treatment. She was continuously weeping whole night while undergoing treatment.

6. It is further stated that thereafter the petitioner went to Arya Samaj, Medibavi, Warasiguda in order to enquire about the real facts of the marriage, the Arya Samaj people did not give any information but however told that the said K. Anil Kumar, who is the bridegroom, made an application on 02.02.2012 for conducting the marriage. According to Arya Samaj people, a request made by the parties is sufficient to perform marriage.

7. Petitioner further states that his wife, family members and himself have immense love, and affection towards their younger daughter N. Suhasini and if she really proposes to marry according to her choice in a respectable way, no one in the family will object her in any manner.

8. The petitioner complaints that at least the Arya Samaj people should have informed the parents and the family members about the marriage as such they too would participate in the marriage function. As per the Hindu Dharma, it is the duty of parents to give Kanyadhanam at the time of marriage. But the Arya Samaj people kept the marriage secrete and created gulf of distance between his daughter and the family members. The marriage performed is not earthly but as Rakshasa or Gandharva in other words a beggarly marriage. Thereby, the petitioner approached this Court to complain about the respondents' behavior concerning the manner and procedure used to perform a marriage without parental consent.

9. The police has filed an additional report before this Court stating th