N.B.Riyas Ahamed v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.8269 of 2022 N.B.Riyas Ahamed ... Petitioner Vs.

1. The Superintendent of Police, Tiruvallore District, Tiruvallore.

2. The Inspector of Police, CCD-II Wing, Thiruvallore.

3. The Chief Executive Officer, Bharat Matrimony.Com Limited, No.57, Gandhi Nagar, Adyar, Chennai 600 020.

... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus , directing 1st Respondent to furnish the matrimony profile details of L.M.D. Athiya Parveen, D/o. L.U.Mohammed Ali Khan bearing Matrimony profile ID No.MUS-1669854, mobile number 8940212347 and having email-id mbaathiya@gmail.com registered with the 3rd respondent to the petitioner.

For Petitioner : Mr.B.Gurunathan For Respondent 1&2 : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Writ of Mandamus has been filed seeking to direct the 1st Respondent to furnish matrimony profile details of L.M.D. Athiya Parveen, D/o. L.U.Mohammed Ali Khan bearing Matrimony profile ID.No.MUS-1669854, Mobile No.8940212347 and having Email-ID- mbaathiya@gmail.com registered with the 3rd respondent.

2. The learned counsel for the petitioner would submit that the petitioner was formerly working as a System Analyst at HCL Technologies Ltd., Chennai and the petitioner's brother-in-law called Mazar Hussin and had referred the bridal reference of LMD Athiya Parveen from the 3rd respondent Matrimony.Com. in which the Matrimony Profile of the petitioner's wife was registered in ID.No.MUS-1669854. In the profile it has been mentioned that she is a Government Employee and working in the Human Resources Department. After marriage the petitioner came to know that his wife had given a false particulars in the Matrimony profile. In the meanwhile, the petitioner's wife has also filed DVC petition against him on the file of Judicial Magistrate Gudiyatham.

The petitioner had given a complaint against his wife for giving false particulars in the matrimonial profile and based on the complaint, the 2nd respondent-Inspector of Police, Thiruvallore had conducted an enquiry in C.S.R.No.126/2021. Meanwhile, the petitioner had sent a mail to the 3rd respondent seeking for particulars with regard to the matrimonial profile of his wife and the 3rd respondent had sent a reply stating that they will not provide personal details of their members unless they get a notice from the Police/Court under Section 91 of Cr.P.C and thereby the present writ petition has been filed.

3. The learned Additional Public Prosecutor would submit that it is a private matrimonial dispute between the parties. Based on the complaint given by the petitioner, enquiry was conducted in Thiruvallore Police Station and the parties also appeared before the respondent Police and they have agreed to sort out their differences before the appropriate forum and thereby, C.S.R. has been closed. He would submit that the 2nd respondent cannot compel the 3rd respondent to furnish details. This forum cannot be misused.

4. Heard both sides and perused the materials available on record.

5. A direction to the 2nd respondent to get Matrimonial profile from the 3rd respondent cannot be ordered. If at all, the petitioner needs to prove his case, he can take appropriate steps to get the particulars by filing petitions in accordance with the procedure before the concerned Court where matrimonial proceedings are pending between the parties.

6.At this juncture, the learned Counsel for the petitioner would submit that the petitioner has not been served with the closure report in C.S.R.No.126/2021. In view of the above, the

respondent police is directed to furnish a copy of the Closure Report.

7. With this direction, this Writ petition stands closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kmm/nti To

1. The Superintendent of Police, O/o. Superintendent of Police, Thruvallur, Thruvallur District.

2. The Inspector of Police, CCD-II Wing Thruvallur.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.B.Gurunathan, Advocate, S.R.No.23269 W.P.No.8269 of 2022 SJ(CO) CT-09/05/2022