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2006 DIGILAW 1661 (MAD)

K. Kemiya v. Sub-Inspector of Police, All Women Police Station, Thanjavur and Others

2006-07-05

K.MOHAN RAM

body2006
Judgment : Mrs. Jessi Jeena Priya, learned Special Government Pleader takes notice for respondents 1 and 2. Heard both. With the consent of learned counsel on either side, the writ petition itself is taken up for final disposal. 2. The above writ petition has been filed for the issuance of a writ of mandamus directing the first and second respondents to give necessary protection to the petitioner, the bridegroom and to the petitioners grand parents and also to take all precautionary measurers to avoid any untoward incident on the date of marriage i.e. on 6.7.2006 to be held at Muthumariamman Thirumana Mandapam at Ambalapattu Village in Orathanadu Taluk within Papanadu Police Limits in Thanjavur District. 3. It is the case of the petitioner that she is a graduate in B.Sc (Nursing) from Annamalai University and the marriage between herself and one Mr.D. Bharathi was registered at Cuddalore on 17.5.2005. Even though the marriage was registered, they have not lived as husband and wife and they were waiting for appropriate time to solemnise the marriage between them with the blessings of her parents. It is the further case of the petitioner that the petitioners grand father tried to solemnise the marriage between her and the said Bharathi at ‘Sree Muthumariamman Thirumana Mandapam at Ambalapattu Village’ on 6.7.2006 inspite of strong protest from her father and in- laws. It is the further case of the petitioner that the parents of the bridegroom have accepted the marriage proposal and in fact, the marriage invitations have been printed and were also distributed to the relatives. After coming to know about the proposed marriage and the distribution of marriage invitations, it is alleged that the petitioners father assaulted the petitioners grand father and grand mother. It is also stated in the affidavit that because of the unruly behaviour of her father, her grand mother sustained fracture in her hand and her father has threatened her grand parents with dire consequences, if the marriage is solemnised on 6.7.2006. 4. In this respect, a police complaint is said to have been lodged in the Thanjavur Medical College Police Station, but no action has been taken so far. 4. In this respect, a police complaint is said to have been lodged in the Thanjavur Medical College Police Station, but no action has been taken so far. It is also stated that the first respondent summoned the petitioners parents and an enquiry was conducted and according to the petitioner, her father threatened the petitioner and grand father, even in the presence of police officials and told that he will go to any extent to stop the marriage on 6.7.2006. 5. The petitioner has enclosed necessary certificates in proof of her and the bridegrooms age and they show that the petitioner and the bridegroom are majors. Since the petitioner apprehends violence from her father and other relatives, she has sought, for police protection and the same is not forthcoming and hence the above writ petition has been filed. 6. The first respondent, as per the directions of this Court, was present today and on instructions from the first respondent, the learned Special Government Pleader submitted that an enquiry was actually conducted in the Police Station and during the enquiry also the petitioners father was not agreeable for the marriage and he behaved in an unruly manner. This clearly shows that the apprehension of the petitioner is well founded and unless proper police protection is provided, the marriage scheduled to take place on 6.7.2006 may not be able to be solemnised in a peaceful manner. 7. Considering the above said facts and circumstances and the submissions made by the learned counsel on either side and as it is brought to the notice of this Court that the place of marriage comes within the jurisdiction of Papanadu Police Station under the jurisdiction of the second respondent the following order is passed: “The second respondent is hereby directed to provide sufficient Police protection and bandobasth at the venue of the marriage namely,” Shree Muthumariamman Thirumana Mandapam at Ambalapattu Village in Orathanadu Taluk within Papanadu Police Limits in Thanjavur District “ to prevent any untoward incident during the solemnisation of the marriage on 6.7.2006”. 8. With the above direction, this writ petition is disposed of. No costs.