Shanmugaraman v. The State Rep By Its,
IN THE HIGH COURT OF JUDICIATURE AT MADRAS
DATED : 02.12.2019 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.757 of 2019 Shanmugaraman ..Petitioner Vs.
1.The State rep. by The Senior Superintendent of Police, Orleanpet Police Complex, Puducherry, Puducherry U.T.
2.The State rep. by The Inspector of Police, Mettupalaiyam Police Station, Puducherry, Puducherry U.T.
3.Ramadass ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Habeas Corpus, directing the respondent herein to produce the body and person of the detenue, by name, Suguna, aged about 24 years before this Court and set her at liberty.
For Petitioner :
Mr.D.Arun For Respondent Nos.1 & 2 :
Mr.D.Bharathachakravarthy Public Prosecutor (Pondicherry) For Respondent No.3 :
Mr.A.Devnarendran
ORDER
(Order of this Court was made by R.SUBBIAH,J.) This Habeas Corpus Petition has been filed for a direction to produce the detenue, namely, Suguna, aged about 24 years, before this Court and set her at liberty.
2. The petitioner is the husband of the detenue, namely, Suguna, aged about 24 years. The petitioner has stated in the affidavit filed in support of this petition that, both the detenue and the petitioner belong to different community and 1/3
they fell in love with each other. When their love affairs came to be known by the parents of the detenue, they did not accept the same and hence, the detenue came along with the petitioner on her own accord. On 07.02.2019, both of them got married in the presence of their friends and well wishers and the same was also registered before the Marriage Registrar at Cuddalore, Cuddalore District.
3. After the marriage, the detenue went to her parent's house and was residing there. However, the parents of the detenue came to know about their marriage and they insisted her to marry some other person within their own community. When the petitioner has made an attempt to meet the detenue, all his attempts ended in vain. Therefore, on 06.04.2019, he lodged a complaint before the second respondent police. Since the police has not taken any action, the petitioner is before this Court with the present Habeas Corpus Petition.
4. Today, when the petition is taken up for consideration, the detenue is present and the third respondent is also present, but the petitioner is not present before this Court.
5. The detenue submitted before this Court that the marriage conducted between her and the petitioner on 07.02.2019, was against her wish and also submitted that she was not threatened by her parents. Further, she has filed O.S.No.40 of 2019 before the Family Court, Pondicherry, to declare that the marriage conducted between them, on 07.02.2019, is null and void.
6. In view of the submission made by the detenue, nothing survives for further adjudication in this Habeas Corpus Petition. Further, there is no allegation of illegal detention by the parents of the detenue. Hence, the Habeas Corpus Petition stands closed. The petitioner is directed to work out his remedy before the Family Court, Pondicherry, where suit is pending.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar 2/3
To
1. The Senior Superintendent of Police, Orleanpet Police Complex, Puducherry, Puducherry U.T.
2. The Inspector of Police, Mettupalaiyam Police Station, Puducherry, Puducherry U.T.
3.The Public Prosecutor, High Court, Madras.
+1 cc to M/s.A.Devanarendran,Advocate Sr.No. 100234 +1 cc to The Public Prosecutor(Puducherry), Sr.No.100474 AKM/21.01.2020/3P-6C / H.C.P.No.757 of 2019 3/3