Sekar v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2019
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.281 of 2019 Sekar S/o Balasundaram ...
Petitioner -vs1. The State of Tamil Nadu rep.by the Deputy Superintendent of Police Thuraipakkam, Chennai
2. The Assistant Commissioner of Police Adyar, Chennai 600 020
3. The Inspector of Police J-13, Police Station Nehru Street, Kangam Tharamani, Chennai
4. Amarnath ...
Respondents Prayer:
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, directing the respondents herein to produce the corpus body of the petitioner's daughter, namely, S.Divya, aged about 23 years and set her at liberty.
For Petitioner :: Mr.R.Ramesh For Respondents :: Mr.C.Iyyappa Raj Additional Public Prosecutor for R1 to 3
ORDER
(Order of the Court was delivered by M.SATHYANARAYANAN, J.) This order is passed in continuance with the earlier order dated 22.2.2019.
2. The petitioner is the father of the detenue, namely, S.Divya, aged about 23 years, (25.07.1995). It appears that on her own volition, she got married to the fourth respondent. The marriage is said to have been registered by the Marriage Officer Pastor J.P.Anandaraj, Episcopal License No.95/2014, Marriage Registrar, Tamil Nadu. The father of the petitioner, alleging illegal custody of his daughter-detenue at the hands of the fourth respondent, has filed this habeas corpus petition.
3. When the matter was listed on 22.2.2019, the detenue as well as the fourth respondent were present. The detenue would state that she was in love with the fourth respondent and got married to him. Since the parents of the detenue were not present on that date, this Court directed the listing of the matter to this date. The parents, who are present, would submit that though the detenue and the fourth respondent got married as early as in the year 2017, that fact has not been even disclosed to them and on account of the act of their daughter-detenue, they are put to extreme hardship and difficulty and facing social boycott also.
4. The detenue along with the fourth respondent are once again present before this Court and the detenue would state that her parents want her to come alone to the parental home and that she is unable to give consent to the said proposal. Hence, she prayed that she may be set at liberty, to act as per her own choice. The fourth respondent also would submit that he will maintain the detenue/his wife carefully and properly.
5. In the light of the fact that the detenue is a major and it appears, on her own volition, she got married to the fourth respondent, it may not be said that the detenue is in illegal custody and detention at the hands of the fourth respondent. Therefore, the habeas corpus petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
ss To
1. The Deputy Superintendent of Police Thuraipakkam, Chennai.
2. The Assistant Commissioner of Police Adyar, Chennai 600 020.
3. The Inspector of Police J-13 Police Station Nehru Street, Kangam Tharamani, Chennai.
4. The Public Prosecutor High Court, Madras.
+1cc to Mr.R.Ramesh, Advocate Sr.17929 H.C.P.No.281 of 2019 pm[co] srg 28/03/2019