Nizvanullah v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.448 of 2022 Nizvanullah .. Petitioner Vs.
1. The Commissioner of Police, Vepery, Chennai.
2. The Inspector of Police, D-4, Zambazaar Police Station, Triplicane, Chennai.
.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to produce the body of the detenu viz., Salma Begum, wife of the petitioner, aged about 26 years, before this Court and set her at liberty.
For Petitioner : Mr.M.Mohamed Riyas For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the 2nd respondent to produce the body of the detenu viz., Salma Begum, wife of the petitioner, aged about 26 years, before this Court and set her at liberty.
2.
It is the case of the petitioner that he fell in love with Salma Begum and got married to her on 27.05.2020 and now, Salma Begum is in the illegal custody of her parents. On this allegation, the petitioner has filed the present habeas corpus petition.
3.
Today N.Ashok Kumar, (Mobile No.9448549643;
8778026058), Sub-Inspector of Police, D-4, Zambazaar Police https://hcservices.ecourts.gov.in/hcservices/
Station, Chennai, is present. He produced Salma Begum before us. 4.
When we enquired Salma Begum, she stated that her date of birth is 25.11.1997 and she has studied M.C.A. She further stated that she is not in the illegal custody of her parents and on account of marital discord, she has come away from the petitioner's house and living on her own volition with her parents at Door No.6/12, Mohamed Ussain Lane, Royapettah, Chennai-14.
5.
In such view of the matter, it cannot be stated that Salma Begum is in the illegal custody of her parents, for the issuance of a writ of habeas corpus.
In the result, this habeas corpus petition stands closed with liberty to the parties to work out their remedies in the manner known to law.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nsd To
1. The Commissioner of Police, Vepery, Chennai.
2. The Inspector of Police, D-4, Zambazaar Police Station, Triplicane, Chennai.
3. The Public Prosecutor, High Court, Madras.
H.C.P.No.448 of 2022 PL(CO) CT 06/04/2022 https://hcservices.ecourts.gov.in/hcservices/