K.Rajesh v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 25.11.2015
CORAM
THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 2418 OF 2015 K.Rajesh ... Petitioner - Vs -
1. The Commissioner of Police Chennai.
2. The Inspector of Police Koyambedu Police Station Chennai.
3. Pandichelvi
4. Mani ... Respondents Petition filed for the issuance of a writ of habeas corpus directing the respondents to produce the detenue, Divya Bharathi, aged about 20 years, the wife of the petitioner, before this Court and set her at liberty.
For Petitioner : Mr. G.Muthukumar For Respondents : Mr. A.N.Thambidurai, Additional Public Prosecutor
ORDER
(DELIVERED BY P.N.PRAKASH, J.) This petition has been filed for a direction to the respondents to produce the detenue, Divya Bharathi, aged about 20 years, the wife of the petitioner, before this Court and set her at liberty.
2. It is the case of the petitioner that he was in love with Divya Bharathi, aged about 20 years and that he got married to her on 20.8.15 at Neelangarai Temple, Neelangarai. It is further averred that the petitioner and his wife, viz., the detenue, belong to two different communities on account of which https://hcservices.ecourts.gov.in/hcservices/
the parents of Divya Bharathi had taken her away and is not permitting the detenue to join the petitioner to lead a peaceful matrimonial life. Though complaint was given to the police authorities, as no fruitful action was taken, the petitioner is constrained to file this petition.
3. Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor appearing for respondents 1 and 2.
4. On notice, the detenue, Divya Bharathi is produced before this Court by her counsel. We enquired the detenue and she stated that she has married the petitioner and that she wants to go with the petitioner. The detenue further stated that she is being detained by her parents and they are not ready to recognise the marriage of the detenue with the petitioner since the petitioner belongs to a different community.
5. Since the detenue is a major and is free to choose her own life, this Court sets the detenue at liberty so that she could chalk out her life on her own. This habeas corpus petition is disposed of with the above observation and direction. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar GLN To
1. The Commissioner of Police Chennai.
2. The Inspector of Police Koyambedu Police Station Chennai.
3. The Public Prosecutor High Court, Madras.
H.C.P. NO.2418 OF 2015 BVR(CO) CA(11/12/2015) https://hcservices.ecourts.gov.in/hcservices/