U.Usha, F/A 50 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2018

CORAM:

THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MRS.JUSTICE M.NIRMAL KUMAR H.C.P.No.905 of 2018 U.Usha .... Petitioner vs.

1.The State, rep.by The Inspector of Police, V-5 Thirumangalam Police Chennai 2.The Sub Inspector of Police, V-5, Thirumangalam Police Station, Chennai ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the Respondents 1 and 2 to produce the body of the Detenue/namely, K.Mohanapriya, aged 29 years, Wife of S.Karthik and set her at liberty before this Court.

For Petitioner : Mr.R.Sasi for M/s.D.Lakshmipathy For Respondents : Mr.R.Pratapkumar Additional Public Prosecutor for R1 and R2

ORDER

(Order of the Court was made by M.VENUGOPAL,J.) Heard the Learned Counsel for the Petitioner and the Learned Additional Public Prosecutor for the First and Second Respondent.

2.The Petitioner/Mother has filed the present Writ of Habeas Corpus Petition praying for passing of an Order by this Court in directing the Respondents 1 and 2 to produce the body of the Detenue, viz., K.Mohanapriya, aged 29 years, Wife of S.Karthik and set her at liberty.

3.Today, the Second Respondent/Sub Inspector of Police, V-5,Thirumangalam Police Station, Chennai, has produced the Detenue/Daughter of the Petitioner, viz., K.Mohanapriya, aged 29 years.

4.This Court has interacted with the Detenue/Petitioner's Daughter K.Mohanapriya, aged 29 years, Wife of S.Karthik, who informed that her date of birth is 01.09.1989 and that she is a B.Com Degree graduate and she had discontinued her M.B.A studies and presently she is working as an Accountant in a private company, namely, Dhanushree, in Anna Nagar, Madras, earning a salary of Rs.18,000/- and that due to misunderstanding with the Petitioner/Mother, she was admitted in a Hostel, viz., 'Sai Shuttle' at No.21, Elangovan Street, Thiruvalleswarar Nagar, Anna Nagar West, Chennai-101, by her uncle, viz., Ganesan and one Advocate and presently she is staying at No.58, Bharathi Nagar, Second Street, Alamathi, Chennai and furthermore, she has instituted her matrimonial Divorce Proceedings on the file of the First Additional Family Court and the same is pending. She has further stated that she is not interested to go along with her Mother/the Petitioner herein.

5.Considering the fact that the Detenue/K.Mohanapriya is a major/adult and furthermore, she can take her own independent further course of action as she deems fit and proper, this Court closes the present Habeas Corpus Petition and sets the Detenue, viz., K.Mohanapriya, at liberty. With the above said observation/direction, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar msk

To 1.The Inspector of Police, V-5 Thirumangalam Police Chennai 2.The Sub Inspector of Police, V-5, Thirumangalam Police Station, Chennai 3.The Public Prosecutor, High Court, Madras H.C.P.No.905 of 2018 KGK(CO) TR(20/06/2018)