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Madras High CourtHCP/695/2017disposed of

R.Rajeswari, v. The Inspector Of Police,

2017-06-08Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice Nooty.Ramamohana Rao2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2017

CORAM

THE HON'BLE MR.JUSTICE NOOTY. RAMAMOHANA RAO & THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM H.C.P.No.695 of 2017 R.Rajeswari ... Petitioner Vs.

1. The State rep by The Inspector of Police, Chidambaram Taluk Police Station, Cuddalore District.

2. K.Gopalakrishnan ... Respondents This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of writ of habeas corpus, directing the respondent-Police to produce Ishwarya, aged about 25 years before this Bench, and to set at her liberty.

For Petitioner :

M/s.T.R.Thara For Respondent 1 :

Mr.V.M.R.Rajentren Additional Public Prosecutor For Respondent 2 :

Mr.R.Abdul Mubeen

O R D E R

Order of the Court was delivered by Nooty.Ramamohana Rao,J. This Writ Petition is instituted by a mother, seeking to cause production of her missing daughter, who, it is alleged, is illegally confined by the second respondent.

2.

When we have taken up this case today, the learned counsel for the second respondent, Shri.R.Abdul Mubeen, has caused production of the alleged detenue, Ishwarya and also the second respondent, Mr.Kuppusamy Gopalakrishnan. The learned https://hcservices.ecourts.gov.in/hcservices/

counsel for the second respondent has also produced before us, a copy of the Marriage Certificate, bearing No.21/2014, issued by the Sub Registrar of Marriages, Pethanaickenpalayam, Salem District. The Certificate itself, was issued on 11th April, 2014, i.e. more than three years back, vouching that the alleged detenue and the second respondent are married. We have also interacted with the writ petitioner, and the alleged detenue and the second respondent. From our interaction, we realise that the second respondent and the alleged detenue got married as per their desire and wish, as, both of them are beyond the permissible age of marriage.

3. In that view of the matter, no further orders are needed to be passed in this Writ Petition, and it is accordingly, disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sli/sd To 1.The Inspector of Police, Chidambaram Taluk Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

3.The Section Officer, Criminal Section, High Court, Madras.

+1cc to M/s.T.R.Thara, Advocate, S.R.No.41233 +1cc to Mr.R.Abdul Mubeen, Advocate, S.R.No.40717 H.C.P.No.695 of 2017 SS(CO) CA(29/06/2017) https://hcservices.ecourts.gov.in/hcservices/