Christy Raju Edward v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM

THE HONOURABLE MR. JUSTICE PARESH UPADHYAY and THE HONOURABLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP Christy Raju Edward .. Petitioner Vs 1.The Commissioner of Police, Chennai City Police, Chennai - 7.

2.The Inspector of Police (L&O) F2, Egmore Police Station, Egmore, Chennai - 8.

3.R.Ruban 4.Kotteeswaran 5.Prayer House, Bazzar Street, Thiruvallur, Thiruvallur Taluk & District, Tamilnadu - 602 001.

6.Ramachandran .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus calling for the records and direct the production of Miss Catherine Veronica Mary aged 18 years, D/o.Christy Raju Edward the petitioner herein under the 1/5

protection and illegal detention in the custody of 3rd & 6th respondents and set her at liberty.

For Petitioner :

Mr.M.Udhaya Bhanu For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor for R1 and R2

ORDER

(Order of the Court was made by PARESH UPADHYAY, J.) 1.

The father is before the Court with the grievance that, his daughter viz., Catherine Veronica Mary has left the home since 28.11.2022 and according to him, she is in illegal confinement of the third respondent, who is son of a police officer - the sixth respondent.

2.

Mr.R.Muniyappa Raj, learned Additional Public Prosecutor for the State has submitted that, the corpus is present before the Court along with the third respondent. It is also submitted that, the date of birth of the daughter of the petitioner is 08.11.2004 and she has thus attained majority on 08.11.2022 and further she has married the third respondent on 28.11.2022. A copy of the marriage certificate is also tendered to the Court, which 2/5

is already on record as placed by the petitioner himself. The petitioner however has certain reservations with regard to the manner and method of the said marriage and registration thereof. 3.

We have interacted with the daughter of the petitioner and the third respondent, to the extent necessary. We have also given space to the daughter and father both - to interact with each other.

4.

It is noted that, the daughter of the petitioner, who is present in the court along with her husband (third respondent), even after interacting with the petitioner / father has maintained that she has come with her husband, she wants to stay with her husband and from this Court also she intends to go with him. We are satisfied that the daughter of the petitioner is not in illegal confinement.

5.

This habeas corpus petition need not be kept pending. Other issues, including social issues, if any, can not be gone into by this Court in this petition.

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6.

Since the daughter of the petitioner who is not a minor has desired that, even from this Court she intends to go with her husband only, the State Authorities shall ensure her free movement, as per her desire.

7.

This habeas corpus petition is disposed of.

(P.U.,J.) (S.S.K.,J.) 12.12.2022 Index:No mmi/10/L2 To 1.The Commissioner of Police, Chennai City Police, Chennai - 7.

2.The Inspector of Police (L&O) F2, Egmore Police Station, Egmore, Chennai - 8.

3.The Public Prosecutor, High Court, Madras.

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PARESH UPADHYAY, J.

and SATHI KUMAR SUKUMARA KURUP, J.

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