M.Mathi, 23 Yrs, v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER And THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2159 of 2017 M.Mathi ... Petitioner -VsState of Tamilnadu, represented by its Sub-Inspector of Police, Ariyalur Police Station, Ariyalur, Vellore - 632 055.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondent to produce the detenue namely Mrs.B.Sandhiya, D/o.Mr.Bhaskaran, aged about 19 years, before this Hon'ble Court, set her free.

For Petitioner :

Dr.T.M.Kannan For Respondent :

Mr.V.M.R.Rajentran Additional Public Prosecutor For Father of the Detenue :

Mr.AM.Rahamath Ali

O R D E R

[Order of the Court was made by RAJIV SHAKDHER, J.] 1.The detenue, Ms.B.Sandhiya, has been secured. She is accompanied by her father, Mr.Bhaskaran.

1.1.We find, from the record, that the petitioner, who claims to be the husband of the detenue, has placed on record, a copy of the Secondary School Leaving Certificate, of the detenue.

1.2.As per this Certificate, the date of birth of the detenue, is, 19.01.1999.

1.3.On the other hand, typed set of papers, has been filed, by the learned counsel for the father of the detenue, which, also contains, a copy of the Birth Certificate, which indicates, that the date of birth of the detenue, is, 19.01.2000.

1.4.This Certificate, however, was issued on 07.11.2017. 2.This apart, we had, interacted, with the detenue and the petitioner, as also, the father of the detenue.

2.1.The detenue, has indicated to us, that, she did marry the petitioner. The detenue, however, says, that she does not wish to

accompany the petitioner, and, would want, to remain, for the moment, with her father.

3.In these circumstances, no further orders, can be passed, in the petition, since the detenue, has expressed, her desire, to remain, in the company of her father.

3.1.Needless to say, in the present proceedings, we have not examined, as to what is the correct date of birth of the detenue. 4.This petition is accordingly closed.

[R.S.A.,J.] [N.S.K.,J.] 07.12.2017 Speaking Order/ Non Speaking Order Index : Yes / No Internet : Yes / No pri To 1.The Sub-Inspector of Police, Ariyalur Police Station, Ariyalur, Vellore - 632 055.

2.The Public Prosecutor, Madras High Court, Madras.

RAJIV SHAKDHER, J.

And N.SATHISH KUMAR, J.

pri H.C.P.No.2159 of 2017 07.12.2017