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Madras High CourtHCP/209/2017dismissed

Vijaya, Aged 50 Years, v. The State Rep. By

2017-04-27Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.209 of 2017 Vijaya

...Petitioner

Vs 1.The State rep by The Inspector of Police, Villupuram Town Police Station, Villupuram

2. Prabakaan .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue an Order, direction or writ in the nature of a Writ of Habeas Corpus directing the respondents herein to produce the body of the petitioner's daughter Mrs.Maheswari, aged 27 years before this Court and set her at liberty.

For Petitioner :

Mr.S.V. Karthikeyan For R.1 :

Mr.V.M.R. Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the mother of one Mrs.Maheswari, aged about 27 years. The second respondent is the husband of Mrs.Maheswari. They have got two daughters and a son. According to the petitioner, Mrs.Maheswari has been found missing. In this regard, she has made a complaint to the police, but so far she has not been secured. This is the grievance of the petitioner. Hence she has filed the present habeas corpus petition.

https://hcservices.ecourts.gov.in/hcservices/

2.

Today, when the matter was taken up for hearing, the detenue was produced by police before us. The second respondent also appeared. The detenue told us that on her own volition, she has gone with one Seenu and lived with him. She would further state that she has got extra marital relationship with the said Seenu. She further told us that now she did not want to go and live either with the second respondent or with Seenu.

3. The above statement is recorded. From the above statement and we are convinced that there is no illegal detention in this matter. Therefore, this habeas corpus petition is dismissed leaving it open to the detenue to decide her life on her own wish.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar sr To

1. The Inspector of Police, Villupuram Town Police Station, Villupuram

2. The Public Prosecutor, High Court, Chennai +2ccs to Mr.Jose Advocate sr.26242 HCP No.209 of 2017 mg(co) ss(11/5/2017) https://hcservices.ecourts.gov.in/hcservices/