Harikrishnan v. Superintendent To Fpolice

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2024

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.586 of 2024 Harikrishnan .. Petitioner /husband of the detenue Vs.

1.The Superintendent of Police, (S.P), Villupuram District, Villupuram.

2.State Rep. by The Inspector of Police, Vellimedu Pettai Police Station, Villupuram District.

3.Hari Babu 4.H.Sangeetha .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the second respondent to produce the petitioner's wife, Pooja, before this Court and set her at liberty forthwith.

For Petitioner : Mr.K.Rajendiran For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor for R1 & R2 Mr.S.Sai Shankar for R3 and R4

ORDER

(Order of the Court was made by M.S.RAMESH,J.) Alleging that the petitioner has married to one Pooja, aged 22 years, who is the daughter of the respondents 3 and 4 herein and that they are retaining her under illegal custody, the present Habeas Corpus Petition has been filed.

2.During the pendency of the present petition, the parties were referred to Mediation and Conciliation Centre of the Madras High Court, which ended in a failure recorded vide report dated 23.04.2024.

3. Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing for the respondents 1 and 2 as well as Mr.S.Sai Shankar who appeared for respondents 3 and 4.

4. When we had interacted with the petitioner's daughter, she has expressed her opinion that she intends to live only with her parents. When a major girl has taken a conscious decision to live with her parents and not with the petitioner, this Court, in exercise of its powers under Article 226 of the Constitution of India, would not deviate from such views expressed. As such, no effective orders can be passed in the present Habeas Corpus Petition.

5.Accordingly, this Habeas Corpus Petition stands closed. (M.S.R.,J.) (S.M.,J.) 25.04.2024 NCC : Yes / No Index : Yes / No Anu M.S.RAMESH,J.

and

SUNDER MOHAN ,J.

Anu To 1.The Superintendent of Police, (S.P), Villupuram District, Villupuram.

2.The Inspector of Police, Vellimedu Pettai Police Station, Villupuram District.

3.The Public Prosecutor, Madras High Court H.C.P.No.586 of 2024 25.04.2024