L.Charles Benson v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.11.2015
CORAM
THE HONOURABLE MR. JUSTICE R. SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH HCP.No.2753/2015 L.Charles Benson ..
Petitioner
Versus
1.The Director General of Police Tamilnadu Police, Mylapore Chennai-4.
2.The Commissioner of Police The Greater Chennai, Veppery Chennai-7.
3.The Superintendent of Police Kancheepuram District.
4.The Superintendent of Police Pudukottai District.
5.The Inspector of Police Guduvancherry Police Station Kancheepuram District.
6.The Inspector of police Karaiyur Police Station Pudukkottai District.
7.Mr.S.Azhagarsamy .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents to produce the body and person of the petitioner's wife, Devika, D/o.Azhagarsamy aged about 23 years, before this Court and rescue her from illegal custody of the 7th respondent and set her at liberty.
For Petitioner :
Mr.S.Rajinikanth For RR 1 to 6 :
Mr.A.N.Thambidurai Addl. Public Prosecutor
ORDER
[Order of the Court was made by P.N.PRAKASH, J.,] The above petition has been filed by the petitioner/husband of the detenue, to cause production of his wife, Devika, aged about 23 years, who is said to be in the illegal custody of the 7th respondent herein, before this Court and to set her at liberty.
It is the case of the petitioner that while he was undergoing his Engineering course in Madha Institute of Engineering and Technology, he fell in love with Devika, the detenue herein, who was also a student in the same college. According to the petitioner, he belongs to Dalit Christian Community and the detenue hails from a different community, on account of which, they got married in a Church by exchanging rings. The parents of the detenue, unwilling to accept the marriage, have taken his wife/the detenue herein and they are keeping her under their illegal detention.
This Court ordered notice to the respondents and today, the detenue Devika is produced before this Court from Dharma Children and Old Age Home, Aadaiyarpatty, Vallathirakottai [Post], Pudukkottai District, by Ms.V.Muthukannu, Sub-Inspector of Police, Karaiyur Police Station, Pudukkottai District. On enquiry, the detenue Devika has stated that she is aged about 23 years and she had fallen in love with the petitioner herein when they were studying together in Madha Institute of Engineering and Technology and that her parents are not willing to get her married. She also stated that she was housed at the above Home at her own behest since she did not want to go along with her parents. It is her further submission that her marriage with the petitioner is not registered and that there is no certificate of registration of marriage.
The petitioner, on enquiry has stated that he had married the detenue Devika ; but has not produced any satisfactory proof of having got married to her. Upon the direction of this Court today, the petitioner has filed an affidavit that he will not, in any manner, disturb the parents and relatives of the detenue Devika. The said affidavit forms part of the record.
Since the detenue Devika is a major, aged about 23 years, this Court cannot order custody of the detenue to the petitioner. However, since the detenue is of sound disposition of mind and taking note of her educational qualification [B.E. [Civil]] and worked in Chennai for about 2 years in Revathy Constructions, we are setting the detenue at liberty so that she could chalk out her life herself.
Since the detenue is produced from the above Home, where she has been housed at her own behest, we direct the respondent police to take her back to the above said Home so that she can be set at liberty after completing the discharge formalities.
With the above direction, the Habeas Corpus Petition is closed.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar AP To 1.The Director General of Police Tamilnadu Police, Mylapore Chennai-4.
2.The Commissioner of Police The Greater Chennai, Veppery Chennai-7.
3.The Superintendent of Police Kancheepuram District.
4.The Superintendent of Police Pudukottai District.
5.The Inspector of Police Guduvancherry Police Station Kancheepuram District.
6.The Inspector of police Karaiyur Police Station Pudukkottai District.
7.The Public Prosecutor High Court, Chennai.
Copy to:-
1) The Warden/Care Taker Dharma Children and Old Age Home, Aadaiyarpatty, Vallathirakottai [Post], Pudukkottai District.
2) Ms.V.Muthukannu, The Sub Inspector of Police, Karaiyur Police Station, Pudukottai District.
+1 cc to Mr.S.Rajinikanth, Advocate, sr.62071 HCP.No.2753/2015 su co kra 17/11/2015