C.Valarmathi v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2019
CORAM:
THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR H.C.P.No.673 of 2019 C.Valarmathi .. Petitioner Vs.
1.The Inspector of Police Velipalayam Police Station Nagapattinam District.
2.The Superintendent of Police O/o. Superintendent of Police Nagapattinam District.
3.M.Silambarasan .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, calling for the records in Crime No.102 of 2019 dated 20.03.2019 on the file of the first respondent and direct the respondents herein to produce the body of the petitioner's daughter namely Shalini, D/o.Chandiran, aged 20 years before this Court and set her at liberty.
For Petitioner .. Mr.M.Mohamed Saifulla For Respondents.. Mrs.V.Saratha Devi Government Advocate [R1 & R2]
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J) The petitioner is the mother of the detenu, namely Shalini, aged 20 years [DOB:30.06.1999] and according to her, the detenue being enticed by the sweet words and guile of the third respondent, she left her parental home on 20.03.2019. The petitioner, having expressed concern about the well-being and whereabouts of her daughter, lodged a complaint before the
respondent-police on 20.03.2019, based on which, a case in Crime No.102 of 2019 was registered by the Inspector of Police, Velipalayam Police Station for 'woman missing'.
2. The grievance expressed by the petitioner is that despite registering of the case by the respondent-police, no proper steps have been taken by them to trace the detenue and hence, she came forward to file the present Habeas Corpus Petition.
3. The detenue was present before this Court today and on enquiry, she would state that she, on her own volition, had went along with the third respondent and married him on 21.03.2019 at a Pillaiyar Temple situated at Chimizhi Mettu Street, Valangaimaan Taluk in Thiruvarur District, as per Hindu rites and customs, in the presence of Rationalist Legal Aid Advocate's Association and she also produced a copy of marriage solemnizing certificate attested by Mr.C.Pandiyan, B.Sc.,B.L., Advocate & Notary,[Enrl.No.MS.415/2016]/Notarial Certificate No.1421/2019 dated 25.03.2019, and she would further add that as of now, she and the third respondent are leading a happy life as husband and wife.
4. The petitioner/mother of the detenue is a Government employee and on account of Election Duty, she is unable to present before the Court and on her behalf, the elder sister of the detenue, viz., Mrs.Shanthi is present today and she would state that since the detenue has taken a decision on her own volition, she could say anything more.
5. In the light of the fact that the detenue being a major and according to her, she loved the third respondent and in order to get him married, she left the parental home on her own wish and volition and also got herself married to the third respondent on 21.03.2019, this Court cannot pass any positive order as prayed for by the petitioner/mother of the detenue. The detenue namely Shalini is however set at liberty and she is free to take a decision as to the well-being and future prospects of her life.
6.In the result, this Habeas Corpus Petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar ds
To:
1.The Inspector of Police Velipalayam Police Station Nagapattinam District.
2.The Superintendent of Police O/o. Superintendent of Police Nagapattinam District.
3.The Public Prosecutor High Court, Madras.
+1 CC to Mr.P.Muthamizh Selvakumar, Advocate sr 37299. H.C.P.No.673 of 2019 SSI(CO) SP(29/05/2019)