Rangaraj v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2022 Coram The Hon'ble Mr. Justice S.VAIDYANATHAN The Hon'ble Mr. Justice A.D.JAGADISH CHANDIRA H.C.P. No. 1156 of 2022 Rangaraj .. Petitioner Vs.
1.The State represented by The Superintendent of Police, O/o. Superintendent of Police, Erode, Erode District.
2.The Inspector of Police, JRS Puram Police Station, Erode District.
3.Sivakumar .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the 1st and 2nd respondent to produce the petitioners Minor Grand Daughter namely Nandhini who is aged about 17 years before this Honble Court for the custody of the 3rd respondent and handover to the petitioner.
For Petitioner :
Mr.R.Thirumoorthy For R1 & R2 :
Mr.M.Babu Muthumeeran Addl. Public Prosecutor
ORDER
S.VAIDYANATHAN, J., A.D.JAGADISH CHANDIRA, J., This Habeas Corpus Petition has been filed by the grandfather seeking production of his minor grand daugther namely Nandhini, before this Court.
2. It is the case of the petitioner that his son Rangasamy was married to one Komaatha and out of wedlock, the detenue Nandhini was born. The daugther-in-law of the petitioner died 15 years back and thereafter the petitioner's son got mentally affected due to his wife's death. It is stated that the petitioner has educated his grand daugther and she had completed her 12th Standard successfully and was working as a part time teacher in Sujilkarai Government School under Illam Thedi Kalvi Scheme 2022. While so, on 08.06.2022, the petitioner's grand daughter was found missing and in respect of which a complaint was given to the second respondent and
case in Cr. No.46 of 2022 was registered under the caption "Girl Missing". Thereafter, during the course of enquiry, it was found that the third respondent had kidnapped his grand daughter. Since the second respondent has not taken any action, the present petition has been filed.
3. Today, the victim girl is produced before this Court by the third respondent. The third respondent submitted that the alleged detenue and himself are neighbours and that they were friends for long years. He further submitted that since the petitioner had taken steps to get the detenue married against her wish, the detenue had come out of the house and joined him on 24.07.2022. He submitted after the detenue had attained majority, they have got married at Sri Malle Mahadeshwara Temple at Karnataka.
4. This Court enquried the detenue Nandhini, grand daughter of the petitioner. She would submit that she was born on 22.07.2004 and now she has attained majority. She would submit that her paternal grandfather, the petitioner herein, forced to marry someone against her choice and thereafter on her own volition, she had left the home and was staying with her friend
for sometime and on 24.07.2022, she had joined the third rspondent and married at Sri Malle Mahadeshwara Temple at Karnataka. She would submit that she is not illegal detention and had expressed her unwillingness to go along with the petitioner.
5. Mr. Senthil Kumar, the learned counsel for the third respondent would submit that though the marriage between the alleged detenue and the third respondent is not been registered, the third respondent is taking steps to register the marriage.
6. It is found that the alleged detenue has attained majority. Since the alleged detenue Nandhini, grand daughter of the petitioner submitted that she is not in illegal detention, we are of the view that there no further orders are necessary in this petition. In view of the same, the Habeas Corpus Petition stands closed.
(S.V.N.,J.) (A.D.J.C.,J.) 03.08.2022 Index: Yes/No bkn To:
1.The Superintendent of Police, O/o. Superintendent of Police, Erode, Erode District.
2.The Inspector of Police, JRS Puram Police Station, Erode District.
3.The Public Prosecutor, High Court, Madras.
S.VAIDYANATHAN, J., A.D.JAGADISH CHANDIRA, J., bkn H.C.P. No. 1156 of 2022 03.08.2022