C.Kanniyappan v. Dhilip

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.1174 of 2020 C.Kanniyappan ..Petitioner/father of the detenue S/o.Chellappan Vs.

1.Dhilip.

2.The Inspector of Police Padalam Police Station Kancheepuram District.

3.The Superintendent of Police, Chengalpet District.

(R3 Suo motu impleaded vide order dated 01.09.2020 in H.C.P.No.1174 of 2020) .. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus to direct the 2nd respondent the Inspector of Police, Padalam Police Station, Kancheepuram District, to produce the petitioner's daughter K.Jamila, aged 20 years, who is detained illegally by the 1st respondent before this Court and set her at liberty.

For Petitioner :

Mr.V.Parthiban For Respondents:

Mr.R.Prathap Kumar, Additional Public Prosecutor for R2 & R3.

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference". 2.The Petitioner has filed this Writ Petition stating that her daughter viz., K.Jamila, aged 20 years is missing. The

Respondent police submitted that the detenue was eloped with the first respondent viz., Dhilip who is a native of Basil Taluk, Uttar Pradesh which is within Kalwari Police Station limit. Hence, this Court directed the respondent police to contact through counter part in Kalwari Police Station and produce the detenue through Uttar Pradesh.

3.When the matter is called today, the detenue viz., K.Jamila, aged 20 years was produced through Video Conference and she stated that she got married the first respondent viz., Dhilip who is known to her when he was working in Tamil Nadu. The detenue submitted that the marriage was conducted in a local Shivan temple which is located in Uttar Pradesh and they have also registered their marriage. The first respondent was also produced through Video Conference and he submitted that the he got married the detenue.

4.Further, the Petitioner was also appeared through Video Conference and he interacted with his daughter who told that she got married to the first respondent and she would visit the petitioner after the completion of this pandemic situation and for which the petitioner have also agreed. Since the petitioner's daughter is a major aged about 20 years and on her own willing, she went along with the first respondent and got married him and the same was also communicated to the petitioner, it is evident that there is no illegal custody. 5.Hence, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar ay To 1.The Inspector of Police Padalam Police Station Kancheepuram District.

2.The Superintendent of Police, Chengalpet District.

3.The Public Prosecutor, High Court of Madras, Chennai.

H.C.P.No.1174 of 2020 SSV(CO) GN(08/10/2020)