BALAMURUGAN Vs. PALANIVEL

JUDGEMENT

(1.) This habeas corpus petition was filed by the petitioner for the production of the detenue Kavitha, aged about 22 years, said to have been married by the petitioner. The first respondent is the father of the detenue. The first respondent was represented through his counsel and he filed a counter-affidavit. According to the petitioner, he married the detenue, Kavitha on 12-5-1995 in Vadagasi Sripudhu Amman Temple according to Hindu rites. In the counter-affidavit filed by the first respondent, it is stated that no such marriage took place between his daughter, the detenue and the petitioner herein. According to the first respondent the petitioner high-handed by and illegally stating that he married the detenue and the petitioner is thereby black-mailing the family of the first respondent. Even during the pendency of this habeas corpus petition, it is stated that the petitioner herein used to go to the house of the detenue threatened them that he would carry the detenue by force. According to the first respondent, complaint was gven to the police on this aspect.

(2.) As per the earlier directions of this Court, the detenue was produced before this Court by her patents and the detenue and her parents categorically denied the marriage having taken place between the detenue and the petitioner.

(3.) When we asked the petitioner to produce evidence in support of the marriage alleged to have been taken place between him and the detenue, he produced a certificate said to have been issued to him by the said temple officials. The said certificate appears to be not in proper form. There is no witness to the alleged marriage. The first respondent produced a xerox copy of the letter written by the village headman stating that no such marriage took place in the said temple between the petitioner and the detenue. When the petitioner is unable to prove the marriage. between himself and the detenue, it is not fair and proper on his part to he this habeas corpus petition for the production, of the detenue. The attempt made by the petitioner to secure the detenue appears to be illegal and controverting the well established customs. This appears to be a sort of black-mailing the detenue and her parents in parting the detenue with the petitioner. If this kind of activities are encouraged, it would be a menace to the well established societies and to the parents of the young girls in future. This kind of activities must be curbed in the initial stage itself.