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Madras High CourtHCP/483/2020disposed of

Kandasamy v. The Inspector Of Police

2020-03-12Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2020

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MRS. JUSTICE R. HEMALATHA H.C.P No. 483 OF 2020 Kandasamy ..Petitioner Vs.

1.

The Inspector of Police, All Women's Police Station, Namakkal.

2.

Lalith Gowtham 3.

MadhuBala ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus to direct the 1st respondent to produce the petitioner daughter namely Sandhya @ Saranya, aged about 26 years before this Hon'ble Court, from the custody of the 2nd and 3rd respondents and set her at liberty. For Petitioner ::

Mr.K. Pragadeesh Kumar For Respondents::

Mr.R. Prathap Kumar Addl Public Prosecutor for R1

O R D E R

(Order of the Court was made by R. HEMALATHA,J.) The petitioner Kandasamy, father of the detenue, Sandhya @ Saranya, aged 26 years has filed this petition to produce his daughter from the custody of the 2nd respondent and set her at liberty.

2.

Notice was issued to the respondents and in response to the notice, the Police produced the alleged detenue Sandhya @ Saranya before this Court.

1\2 https://hcservices.ecourts.gov.in/hcservices/

3.

When we interacted with the detenue namely, Sandhya @ Saranya, she stated that she married the 2nd respondent Lalith Gautham on 22.10.2019 at a Murugan Temple in Bangalore. She further averred that though she tried to convince her parents that she wanted to marry the 2nd respondent, they did not accept the same and therefore, she was compelled to marry the 2nd respondent without the permission of her parents. It is seen that the detenue's age is 26 years and she is a major. In the circumstances, this Court is convinced that she would be in a position to take an independent decision on her own and does not require any instructions or guidance from this Court. 4.

In view of the above, the detenue is set at liberty and the Habeas Corpus Petition is disposed of accordingly. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar nv To 1.

The Inspector of Police, All Women's Police Station, Namakkal.

2.

The Public Prosecutor, High Court, Madras.

H.C.P. No. 483 of 2020 ppa(co) aa05/06/2020 2\2 https://hcservices.ecourts.gov.in/hcservices/