G.Venkatesh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.11.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE RMT.TEEKAA RAMAN G.Venkatesh .. Petitioner Vs.

1.The State of Tamil Nadu Rep. by the Superintendent of Police Krishnagiri 2.The State of Tamil Nadu Rep. by the Inspector of Police Kaveripattinam Krishnagiri District 3.Nagesh Reddy @ Nageswar Reddy .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the 2nd respondent to produce the body of the petitioner's wife N.Yesaswini, aged 20 years, before this Court from the illegal custody of the 3rd respondent and set her at 1/4

liberty.

For Petitioner : Mr.R.Selvakumar For R1 and R2 : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] On 14.11.2022, we passed the following order : "Today, R.Murali (Mobile No.94981 06526), Inspector of Police, Kaveripattinam Police Station, Krishnagiri District, is present.

2. It is the case of the petitioner that he got married to Yesaswini, aged about 20 years, on 15.07.2022 and that her father is keeping her in detention and not permitting her to join him.

3. Mr.R.Muniyapparaj, learned Additional Public Prosecutor tried to get us connected via a WhatsApp video call to Yesaswini, but, the connection was not good.

4. In such view of the matter, this Court issues a direction to the second respondent/police to produce the detenue Yesaswini, aged about 20 years and Nagesh Reddy @ Nageswar Reddy, third respondent herein, before this Court on 18.11.2022. The petitioner shall also be present before this Court on that day. Post the matter on 18.11.2022."

2. Pursuant to the above, today, Mr.R.Murali, Inspector of Police and 2/4

Ms.U.Mageshwari, Gr.-I PC 683, both attached to Kaveripattinam Police Station, produced Yesaswini before us. Along with Yesaswini, her parents Nageswar Reddy and Kalpana were present. The petitioner was also present along with his mother Kaveri.

3. When we enquired with Yesaswini, she stated that she got married to the petitioner on 15.07.2022 and lived with him in his house for two months, but, on account of some differences of opinion, she now come over to her parents house. She clearly stated that she is not in the illegal custody of her parents.

4. We permitted Yesaswini and the petitioner to interact with each other in the mediation room and thereafter, they reported that they would join together and resume their matrimonial life after sometime. In view of the above, it cannot be stated that Yesaswini is in the illegal custody of her parents for issuance of a writ of habeas corpus and this habeas corpus petition stands closed.

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[P.N.P., J.] [T K R, J.] gya 18.11.2022 P.N.PRAKASH, J.

AND RMT.TEEKAA RAMAN, J.

gya To 1.The Superintendent of Police Krishnagiri 2.The Inspector of Police Kaveripattinam Krishnagiri District 3.The Public Prosecutor High Court, Madras 18.11.2022 4/4