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Marriage certificate should be issued by competent authority

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Press Trust of India Madurai
Last Updated : Oct 01 2014 | 5:00 PM IST
The Madras High Court has ruled that 'Marriage Oath Document' (Urudhimoli Patthiram) in the presence of an advocate-cum-notary cannot be treated as a proof of marriage.
Dismissing a Habeas Corpus petition filed by one M Senthil Muthu, who married a first year B.Com student in a temple and then executed marriage oath in the presence of an advocate-cum-notary, a division bench of justices S Manikumar and V S Ravi here said the agreement cannot be treated as a document issued by any competent authority under law.
Only certificates issued by a competent authority under marriage registration law can be accepted to have evidentiary value, the bench said.
Referring to the statement that the detenue is an adolescent and was kept at home by her parents, the bench said there was no material to indicate that there was detention.
The bench said having control and supervision of an aged girl by the parents cannot be said to be illegal custody warranting to issue a writ.
The petitioner said he married the girl on May 20 this year against the wishes of the parents.The girl's parents did not allow her to continue her studies, and restricted her movement, the petitioner alleged.
He gave a complaint to police. But the police warned him against having any relationship with the girl. The petitioner alleged the girl had been subjected to illegal detention and hence he filed the HCP seeking to produce her in court.

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First Published: Oct 01 2014 | 5:00 PM IST

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