Thiruppathi Chellasamy v. The District Social Welfare
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and W.M.P(MD)No.6317 of 2019 (Party/Petitioner in person) Thirupathi Chellasamy (BALLB), 13-D, Rajammal Compound, Vedhapillai Street, Keeraithurai, Madurai-625 001.
... Petitioner Vs.
1.The District Social Welfare Officer, (Child Marriage Prohibition Officer), Madurai District, No.35, East 2nd Cross Street, K.K.Nagar, Madurai-625 020.
2.The Commissioner of Police, Madurai City, K.Pudur, Madurai-625 002.
3.The Inspector of Police, AWPS.
Thirupparankundram Police Station, Thirupparankundram, Madurai-625 005.
4.The Inspector of Police, Law & Order, Keeraithurai Police Station, Keeraithurai, Madurai-625 001.
5.Adhi Lingam, Manager, A.S.Kalyana Mandabam, Near Poo Market, Villapuram Housing Board, Madurai-625 012.
6.Chelladurai (R6 is impleaded vide Court Order dated 04.04.2019) ... Respondents 1/3
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to take legal action against the accused by registering the First Information Report in view of the petitioner's complaint dated 01.04.2019 and to do the needful to prevent and prohibit the Solemnization of Betrothal and the Child Marriage in continuation of the same and to protect the life and future of the innocent minor female child and to take an oath from all the above accused restraining them from doing so in future before the minor female child attains the age of majority.
For Petitioner : No appearance For R1 to R4 : Mr.B.Thanga Aravindh Government Advocate For R5 & R6 : Mr.C.Jeganathan for Veera Associates
ORDER
No representation for the petitioner.
2. This petition has been filed seeking mandamus directing the respondents 1 to 4 to take legal action against accused and prevent the solemnization, Betrothal and the marriage ceremony of minor Sakthi Meenal likely to be conducted on 07.04.2019.
3. In the affidavit, the petitioner has stated that the said Sakthi Meenal date of birth is 23.06.2002 and she will attain majority only on 23.06.2020, whereas, in the fourth respondent Kalayanamandabam, her marriage is proposed to be conducted on 07.04.2019.
4. The learned Government Advocate appearing for the respondents 1 to 4 states that on receipt of the complaint regarding the child marriage, the police Team went to the residence of Minor Sakthimeenal and explained about the ills of the child marriage. The petitioner is none other than the maternal uncle of the minor girl Sakthi Meenal. Due to difference of opinion between two families, the present complaint has been given.
5. Further, after explaining about the ills of the child marriage, the sixth respondent has agreed to wait till the minor girl attains majority. Accordingly, the complaint registered in C.S.R.No.131 of 2019 came to be closed.
2/3
6. Recording the same, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) am To 1.The District Social Welfare Officer, (Child Marriage Prohibition Officer), Madurai District, No.35, East 2nd Cross Street, K.K.Nagar, Madurai-625 020.
2.The Commissioner of Police, Madurai City, K.Pudur, Madurai-625 002.
3.The Inspector of Police, AWPS.
Thirupparankundram Police Station, Thirupparankundram, Madurai-625 005.
4.The Inspector of Police, Law & Order, Keeraithurai Police Station, Keeraithurai, Madurai-625 001.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-39622[F] dated 20/12/2021 ) 17.12.2021 MGJ(30.12.2021) 3P 7C 3/3