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Madras High CourtHCP/1085/2016dismissed

Rajavel, v. State Rep. By Inspector Of

2016-07-05Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1085 of 2016 Rajavel

...Petitioner

vs.

1.The State, Rep. by Inspector of Police, Harur Police Station, Harur, Dharmapuri District.

2.Rathunath

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, to direct the first respondent to produce the body of the petitioner's daughter viz., Meena, aged about 18 years, before this Court and set her liberty.

For Petitioner :

Mr.R.Sankarasubbu for Mr.K.Kalaikovan For Respondents:

Mr.V.M.R.Rajentren Additional Public Prosecutor for R1

O R D E R

[Order of the Court was made by S.Nagamuthu, J.] The petitioner is the father of one Ms.Meena, aged 18 years. On the allegation that she has been abducted by the second respondent on 14.05.2016, the petitioner has come up with this Habeas Corpus Petition.

2. Today, when this Habeas Corpus Petition was taken up for hearing, the first respondent produced the detenue before this Court. The second respondent also made appearance. The detenue told this Court that her date of birth is 30.11.1997 and it is https://hcservices.ecourts.gov.in/hcservices/

also evidenced by the school certificate. She has completed 18 years of age. She further submitted that on her volition and according to her own decision, she went out of her parental home and married the second respondent on 19.05.2016 and from then onwards, she has been living happily with the second respondent as his wife. The second respondent also admits the same.

3. In view of the above, the direction as prayed for in this petition cannot be granted. Therefore, the Habeas Corpus Petition stands dismissed, leaving it open for the detenue to choose her own way of life.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar svki To 1.The Inspector of Police, Harur Police Station, Harur, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

1 cc to M/s.R.Sankarasubbu, Advocate, sr.38170 H.C.P.No.1085 of 2016 rp co kra 29.07.2016.

https://hcservices.ecourts.gov.in/hcservices/