Devakirubai v. The State Rep By Its
In the High Court of Judicature at Madras Dated: 16.02.2016 Coram:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.87 of 2016 and Crl.M.P.No.1778 of 2016 Devakirubai ..
Petitioner vs.
The State, rep.by its Sub Inspector of Police, Palur Police Station, Kanchipuram District .. Respondent Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondent police to produce the detenue Mrs.Revathi, W/o.Abraham Asiruvatham and daughter of Anandan, aged 19 years before this Court and set the detenue at liberty forthwith. For Petitioner .. Mr.R.Sampathkumar For Respondent .. Mr.V.M.R.Rajentren, Addl.Public Prosecutor Mrs.Shaik Mehrunisa for the detenue
O R D E R
(The order of the Court was made by M.JAICHANDREN.,J ) This habeas corpus petition has been filed by the mother-in-law of the detenue, Revathi, wife of Abraham Asiruvatham, aged about 19 years, praying that this Court may be pleased to direct the respondent to produce the detenue before this Court and set her at liberty.
2. It has been stated that the son of the petitioner had married the detenue, on 4.11.2015. The marriage between the petitioner's son and the detenue had taken place on 4.11.2015 and the same had been registered on 18.11.2015. However, due to https://hcservices.ecourts.gov.in/hcservices/
certain disputes, the parents of the detenue had taken her away and are keeping her in their illegal custody. In such circumstances, the petitioner has preferred this habeas corpus petition.
3. At this stage of hearing of the habeas corpus petition, the learned counsel appearing on behalf of the detenue has produced the detenue before this Court. The parents of the detenue are also present. On enquiry, the detenue has stated that she is 19 years old and that she is a major. She had further stated that she wants to live with her parents and that she has not been in the illegal custody of any one, as alleged by the petitioner.
4. In view of the above, we are of the view that no further orders are necessary in the present petition. Hence, the habeas corpus petition stands closed. It is open to the detenue to go along with her parents, as per her wish. However, it is also made clear that it is open to the petitioner to pursue her remedies, if any, before the appropriate forum, in the manner known to law. Connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar msk To 1.The Sub Inspector of Police, Palur Police Station, Kanchipuram District.
2.The Public Prosecutor, High Court, Madras.
1 cc to Mr.R. Sampathkumar, Advocate, Sr. 9649 1 cc to MRs. Shaik Mehrunisa, Advocate Sr. 10226 H.C.P.No.87 of 2016 KJI (CO) kk 10/3 https://hcservices.ecourts.gov.in/hcservices/