D.HARISH Vs. V.JAYAMURUGAN

JUDGEMENT

(1.) The petitioner claims to the husband of the detenue, viz., J.Emima Vijayarani, aged about 24 years [DOB 25.12.1994] came forward to file the present petition alleging that it was a love affair and subsequently, he married the detenue on 03.01.2019 at Sri Chelliamman Temple at Dr.Ambedkar Nagar, Uthukkottai, Tiruvallur District and marriage was also registered on the same day with the Registrar of Marriages, Office of the Sub Registrar, Uthukkottai, Tiruvallur District vide Marriage Serial No.TMR/Oothukkottai/4/2019 dated 03.01.2019 and ever since, they were happily living as husband and wife. The petitioner would further state that his wife/detenue is a native of Mumbai and the love affair was disclosed to her parents and since they opposed it, she informed the same to the petitioner and asked him to come for the purpose of marrying her and accordingly, he married her on 03.01.2019. The petitioner also averred that the detenue called her mother over phone and informed about the marriage and on the basis of the complaint given by the parents of the detenue on the file of Kadambathur Police Station, both the petitioner and the detenue were called for an enquiry on 09.01.2019 and the parents of the detenue were also summoned and they also gave it in writing that they would resolve the issue in an amicable manner. It is further stated that on 19.03.2019, the petitioner left for work and by about 11.30 a.m., he received a phone call stating that his wife was missing and immediately, he rushed back to his home and he received a WhatsApp message from the detenue's mobile phone stating that she has been taken by her parents to Palayamkottai and she would return shortly and however, she did not return. Therefore, he lodged a complaint on the file of the 3rd respondent on 21.03.2019, stating about the events that took place and the said complaint was forwarded to the 2 nd respondent for enquiry. The 2nd respondent had issued summons to his wife / detenue herein, calling upon her to attend the enquiry on 21.03.2019 and however, the detenue has sent a letter dated 27.03.2019 stating that the petitioner was threatening her with an intention to grab the money and indicated that appropriate action to be taken against him. The petitioner, apprehending the safety and well being of his wife at the hands of her parents, came forward to file the present petition.

(2.) Mr.C.Iyyappa Raj, learned Additional Public Prosecutor made a mention to take up this petition for hearing for the reason that the detenu is being produced and accordingly, the matter is taken up.

(3.) This petition was listed for hearing on 11.04.2019 and this Court, in the light of the materials placed, was of the considered view that no proof of marriage on 03.01.2019 said to have been taken place at Shri Chelliamman temple at Dr.Ambedkar Nagar, Uthukkottai, Tiruvallur District and accordingly, queried the learned counsel for the petitioner and he is unable to produce the same. It was also brought to the knowledge of this Court that on an earlier occasion also, the Court had come across these kind of marriages performed by the Office of the Sub Registrar [Marriage Registrar] at Uthukkottai and therefore, required the presence of Mrs.K.Meenakshi, Registrar of Marriages who registered the marriage and issued the above said Marriage Certificate to be present before this Court and accordingly, the said official is also present before this Court today.