Madras High CourtWP(MD)/11236/2021disposed of

Saranya v. The Superintendent Of Police

2021-08-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD) No.11236 of 2021 Saranya .. Petitioner Vs 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, All Woman Police Station, Theni, Theni District.

3.Pirthvirajan 4.Manikandan 5.Vetri Vikramathithan .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 25.03.2021 within a time frame stipulated by this Court. For Petitioner : Mr.Saravanan.N.

For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This Writ Petition is filed for seeking a writ of mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 25.03.2021 within a time stipulated by this Court.

2.The case of the petitioner is that she had already married and lived in Coimbatore. In the meantime, one Prithvirajan, S/o.Manikandan was introduced to her through 'TIK TOK' about one year back and the aforesaid Prithivirajan, promised her to marry. Thereafter, the said Prithivirajan, married the petitioner in the presence of his parents and elders at Vinayagar Temple, T.Kallupatti, Periyakulam on 12.11.2020 at about 05.00 pm., 3.The petitioner and her husband started their life at matrimonial home. Later, she become pregnant. During the 1/3

time, the private respondents herein, namely respondents 4 and 5 were torturing the petitioner. On 28.03.2021, when the petitioner went to the husband's parent's house, they scolded her filthy language and threatened her with dire consequences. They tried to perform the 2nd marriage for their son. So, she gave a complaint on 25.03.2021 before the 1st respondent and the same was forwarded to the 2nd respondent. However, no action has been taken, so far. Hence, this Writ Petition.

4.When the matter was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 submitted that based on the complaint given by the petitioner, enquiry was undertaken in petition No.103 of 2021. During the course of enquiry, the petitioner appears to have told that she obtained divorce from her 1st husband. Suppressing the fact that she is having 10 year old child, she married the said Prithivirajan and when divorce document was demanded, difference of opinion arose between them. Thereafter, the petitioner did not appear for enquiry and cooperate to complete the enquiry. In this regard, the learned Government Advocate(Crl.Side) has produced a closure report before this Court dated 23.06.2021 for perusal.

5.In view of the above, nothing survives for further adjudication in this Writ Petition. Accordingly, the Writ Petition is dismissed. The petitioner has to workout her remedy before the appropriate forum through appropriate proceeding. The 2nd respondent is directed to sent a copy of the closure report dated 23.06.2021 to the petitioner. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, All Woman Police Station, Theni, Theni District.

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3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

02.08.2021 MGJ(11.08.2021) 3P 4C 3/3