P.Vinayagan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN H.C.P. No.459 of 2021 P.Vinayagan ... Petitioner vs.
1.The Superintendent of Police Chengalpattu District Chengalpattu 2.The Inspector of Police J-12, Kanathur Police Station Karikattukuppam Chengalpattu District
...Respondents
Writ of Habeas Corpus Petition filed under Article 226 of the Constitution of India, for issuance of a writ of habeas corpus, directing the respondents 1 and 2 to produce petitioner's wife Mrs.S.Priyadarshini, aged 21 years before this Hon'ble Court and set her liberty.
For Petitioner :
Mr.S.Gopinathan For Respondents :
Mr.R.Prathap Kumar Additional Public Prosecutor
O R D E R
(Order of the court was made by T.RAJA, J.) This writ of habeas corpus, is for a direction to the respondents 1 and 2 to produce petitioner's wife Mrs.S.Priyadarshini, aged 21 years before this Hon'ble Court and set her liberty.
2. Learned counsel appearing for the petitioner would submit that the detenu is aged about 21 years and that after some love affair, the petitioner and the detenu got married by tying 'Thali' on 08.03.2021 at Thiruchanur Alamelu Mangapuram Temple. On the next day she has left the home and the petitioner has searched for her whereabouts.
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3. Since the petitioner has married the detenu who is aged about 21 years and she had been taken away by her parents and relatives against her will, he has given a police complaint and the same has been registered as 'women missing' case on 13.03.2021. But the respondents 1 and 2 are not able to take any steps whatsoever till date. Therefore, the petitioner has been advised to approach this court.
4. We are unable to find any merit in the writ petition. The petitioner claims that he married the detenu aged about 21 years, but neither the proof of marriage is filed nor the proof of age of the detenu has been filed to say that the detenu has attained majority and their marriage was performed. Therefore, finding no record whatsoever in the writ petition, we are inclined to dismiss the writ petition.
5. Accordingly, this habeas corpus petition is dismissed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Asr To
1. The Superintendent of Police Chengalpattu District Chengalpattu
2. The Inspector of Police J-12, Kanathur Police Station Karikattukuppam Chengalpattu District
3. The Public Prosecutor High Court, Madras.
H.C.P. No.459 of 2021 CP(CO) CSR 29.04.2021 https://hcservices.ecourts.gov.in/hcservices/