Kaviyarasan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Kaviyarasan ... Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of Police, Subramaniyapuram, Trichy.

2.The Inspector of Police, Jeeyapuram Police Station, Trichy.

3.Sathyapriya 4.Duraisami 5.Hemamalini 6.Sathiskumar ... Respondents Prayer : Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, to direct the first respondent to initiate action against the petitioner's petition dated 04.05.2025 within the time frame stipulated by this Court.

For Petitioner : Mr.P.Jayamani For R1 & R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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ORDER

The petitioner has approached this Court with a grievance that his petition dated 04.05.2025 has not been considered by the official respondents. 2.The petitioner claims that he was in live-in-relationship with the third respondent and now, the third respondent deserted him and she is attempting to marry another person. Therefore, the petitioner lodged a complaint dated 04.05.2025 before the official respondents requesting them to prevent the said marriage. Since the complaint is still pending, the petitioner filed the present petition.

3.This Court finds the present prayer-seeking an injunction to prevent the solemnization of marriage between two adults-as wholly misconceived and untenable in law. It is well settled that the right to marry a person of one's choice is an intrinsic facet of personal liberty guaranteed under Article 21 of the Constitution of India. Once the individuals concerned have attained the age of majority and possess the legal capacity to marry, no third partyincluding parents, relatives, or other persons-can invoke the jurisdiction of this Court to thwart such marriage solely on grounds of personal or societal disapproval.

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4.There is no averment in the petition alleging any legal infirmity in the proposed marriage. In the absence of any such illegality, the prayer to restrain the parties from solemnizing a lawful marriage amounts to an unwarranted interference in their personal autonomy and cannot be entertained. Therefore, this writ petition stands dismissed with a cost of Rs.5,000/-(Rupees Five Thousand only) payable by the petitioner to the Tamil Nadu Police Benevolent Fund.

04.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, O/o. Superintendent of Police, Subramaniyapuram, Trichy.

2.The Inspector of Police, Jeeyapuram Police Station, Trichy.

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

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B.PUGALENDHI,J gns 04.06.2025 4/4