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Madras High CourtHCP/1942/2016closed

S.Mahendran, M/A 29 Years v. The State Rep By

2016-11-03Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.1942 of 2016 and Crl.M.P.No.10892 of 2016 S.Mahendran ..

Petitioner -vs1.The State rep.by the Superintendent of Police, O/o.the Superintendent of Police, Tirupur District, Tirupur.

2.The State rep.by The Inspector of Police, Kangeyam Police Station, Tirupur District.

..

Respondents Petition under Article 226 of the Constitution of India, for issuance of a Writ of Habeas Corpus, directing the second respondent to produce the body of the petitioner's wife Sasikalamani, wife of S.Mahendran, aged about 22 years herein, before this Court and set her at liberty.

For Petitioner ::

Mr.D.Ramesh Kumar For Respondents::

Mr.V.M.R.Rajentren, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.BASKARAN, J.) This Habeas Corpus Petition has been filed by the petitioner to direct the second respondent to produce his wife by name Sasikalamani, aged about 22 years, before this Court and set her at liberty.

2.The detenue was produced before this Court by the respondent police. On enquiry the detenue states that she was given in marriage to the petitioner against her wish and she is not willing to go along with the petitioner. She further states that she was living with her mother and she wants to live only with her mother.

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3.Admittedly, the detenue is a major. Even though she has been given in marriage to the petitioner herein, since she is not willing to go along with him, and as she is a major and expressed her willingness to go along with her mother, she is permitted to go along with her mother. Accordingly, no further orders need be passed in this Habeas Corpus Petition and the Habeas Corpus Petition is closed. Consequently, the connected miscellaneous petition is also closed.

4.It goes without saying that it is open to the petitioner to seek his relief if any, before the appropriate forum, in the manner known to law.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, O/o.the Superintendent of Police, Tirupur District, Tirupur.

2.The Inspector of Police, Kangeyam Police Station, Tirupur District.

3.The Public Prosecutor, Madras High Court, Chennai-600 104.

+1 cc to Mr.D.Rameshkumar,advocate,sr62605 gj(co) krd 1/12 H.C.P.No.1942 of 2016 and Crl.M.P.No.10892 of 2016 https://hcservices.ecourts.gov.in/hcservices/