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Madras High CourtHCP/1247/2019dismissed

S.Devendran v. The Superintendent Of Police

2019-07-08Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08..07..2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR Habeas Corpus Petition No.1247 of 2019 S.Devendran ... Petitioner -Versus1.The Superintendent of Police, Nagapattinam District, Nagapattinam.

2.The Deputy Superintendent of Police, Mayiladuthurai, Nagapattinam District.

3.The Inspector of Police, Kuthalam Police Station, Nagapattinam District.

4.Ramachandran ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the *Wife of the petitioner by name Keerthana.R, aged about 20 years, who is in the illegal custody of the 4th respondent before this court and set her at liberty. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.C.Iyyapparaj, APP for RR1 to 3 Mr.K.V.Bhashyam Chari for R4

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the *husband of the detenue - Keerthana. He has come up with this petition seeking a direction to the respondents 1 to 3 for production of his *Wife. https://hcservices.ecourts.gov.in/hcservices/

2. Today, the detenue is present. She is a major. On enquiry, she has stated before us in clear terms that it is a forced marriage she never had any intention to live with the *Petitioner. She has further stated that she had already filed a petition for divorce.

3. In such view of the matter, we do not find any illegal custody involved and thus, petition is liable only to be dismissed. This Habeas Corpus Petition stands dismissed accordingly setting the detenue at liberty.

-s/d- Assistant Registrar(CS-IV) *Corrected as per order of this Court dated 27.09.19 Sd\- Assistant Registrar(Insp.Cell) True Copy Sub-Assistant Registrar kmk To 1.The Superintendent of Police, Nagapattinam District, Corrected order to be Nagapattinam.

Substituted to the order already despatched 2.The Deputy Superintendent of Police, on 12.09.2019 Mayiladuthurai, Nagapattinam District.

3.The Inspector of Police, Kuthalam Police Station, Nagapattinam District.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.C.Prabakar, Advocate sr 57504.

+2 Ccs to Mr.K.V.Bhashyam Chari, Advocate sr 56829. H.C.P.No.1247 of 2019 VD(CO) SP(02/08/2019) nr 14/10/2019 https://hcservices.ecourts.gov.in/hcservices/