Bharathi v. The District Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2024 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Bharathi S/o Mariyappan ..

Petitioner v.

1. The District Superintendent of Police Office of the Superintendent of Police

2. The State represented by its Inspector of Police Koothanallur Police Station

3. Suganthi W/o Rajamanickam ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the 1st and 2nd respondents to produce the petitioner's wife Harini, aged about 19 years, before this Hon'ble Court from the illegal custody of 3rd respondent herein and set her at liberty forthwith.

For Petitioner ::

Mr.S.Arivazhagan For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor for R1 & R2 R3-Not ready in notice

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of habeas corpus has been instituted to direct the respondents 1 & 2 to produce the petitioner's wife Harini, aged about 19 years.

2. The petitioner states that the marriage between himself and the detenue was solemnized at Kaliamman Temple, Athangudi, Koothanallur Taluk, Thiruvarur as per the Hindu rites and customs. Since the family of the detenue opposed for the marriage, the petitioner and the detenue were staying in their uncle's house at Pudhu Street, Athangudi, Koothanallur Taluk, Thiruvarur District. While so, the detenue was forcibly taken away by her parents. Thus the present habeas corpus petition came to be instituted.

3. The second respondent police produced the detenue along with her father. We have examined the detenue. The detenue informed us that she married the petitioner and she is willing to resume the matrimonial life with

the petitioner. However, the father of the detenue states that she is pursuing her second year B.A. Degree course and she has to complete the course. The reason stated by the father cannot be accepted by this Court, since the detenue expressed her willingness to join with the petitioner and resume the matrimonial life. The detenue is admittedly aged about 19 years and her decision and wishes have to be approved by this Court. In respect of other differences, it is for the families to negotiate and resolve the same in the manner known to law. Since the detenue is not willing to live with her father, we are inclined to hold that she is in illegal detention. Thus the second respondent is directed to allow the detenue Harini to join with the petitioner at his residence enabling the detenue to resume her matrimonial life. The habeas corpus petition stands disposed of. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 20.12.2024 ss To

1. The District Superintendent of Police Office of the Superintendent of Police

2. The Inspector of Police

Koothanallur Police Station

3. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 20.12.2024