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Madras High CourtHCP/600/2015closed

Mr.Prem Kumar v. State Rep By

2015-03-12Honourable Ms. Justice K.B.K. Vasuki,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE K.B.K.VASUKI H.C.P.No.600 of 2015 Premkumar ..Petitioner Vs 1.State rep. By The Inspector General of Police, Melmaruvathur Police Station, Kancheepuram District.

2.R.Kiliyappan ..Respondents Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to direct the first respondent to produce the body of the person of the detenu, petitioner's wife namely Jayapriya, D/o Killiappan, aged about 22 years before this Court and set her at liberty.

For Petitioner :

Mr.A.Karthikeyan For Respondents :

Mr.A.N.Thambidurai, Additional Public Prosecutor.

For 2nd Respondent : R. Anitha

ORDER

The husband of the so-called detenue by name, Jayapriya, is the petitioner herein. This petition has been filed to produce his wife, who is alleged to be under the custody of the second respondent, Killiappan, who is none other than the father of the detenue.

2. According to the petitioner, his wife is forcibly detained in the house of the second respondent/father. The detenue is now present before us along with the second respondent/ father. She categorically stated before us that she left the matrimonial house on the second day of her marriage and she is not willing to go with her husband and she wants to stay with her parents and pursue her higher studies. The parents of the detenue who are present before us also assured that they would take care of their daughter and they will face the legal proceedings if any before the Court of law.

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3.In view of the above stated position, the detenue is permitted to go along with her parents. Hence, the Habeas corpus Petition is closed as no further order is necessary in this petition. It goes without saying that it is open to the petitioner to pursue his remedy, if any, before the appropriate forum, in the manner known to law. Sd/- Assistant Registrar /true copy/ Sub Asst Registrar vsi To

1. The Inspector General of Police, Melmaruvathur Police Station, Kancheepuram District.

2.The Public Prosecutor, High Court, Chennai +1 CC to MR. A. KARTHIKEYAN, ADVOCATE. SR.NO. 14600 +1 CC to MR. R. ANITHA, ADVOCATE. SR.NO. 14650 CO-SSI JD 20/03/2015 H.C.P.No.600 of 2015 https://hcservices.ecourts.gov.in/hcservices/