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Madras High CourtWP(MD)/19340/2021dismissed

Suriyanarayanan.R v. The Commissioner Of Police

2021-11-09Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.19340 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.19340 of 2021 R.Suriyanarayanan ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, Trichy.

2.The Deputy Superintendent of Police, Thiruverumbur, Trichy District.

3.The Inspector of Police, Tiruverumbur, Trichy District.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to take appropriate action on the petitioner's complaint dated 22.08.2021.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

2. It is stated that the petitioner's wife had deserted him and had married another person during the subsistence of the marriage with the petitioner. But no relief can be granted to the petitioner in the writ proceedings. The only remedy open to the petitioner is to move the Jurisdictional Family Court or the Civil Court for dissolving the marriage with his wife on grounds of marital misconduct. Adultery has ceased to be a punishable offence. But it is certainly a ground for obtaining divorce. Leaving open https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.19340 of 2021 the rights of the petitioner to move the concerned Court for dissolving his marriage, this writ petition is dismissed. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/btr Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Deputy Superintendent of Police, Thiruverumbur, Trichy District.

3.The Inspector of Police, Tiruverumbur, Trichy District.

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

W.P(MD)No.19340 of 2021 09.11.2021 RS(26.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2