← Library
Madras High CourtHCP/2243/2018closed

M.Mallika v. Sup Of Po Erode

2018-10-23Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR HCP. No.2243 of 2018 M.Mallika ... Petitioner -Vs1.The Superintendent of Police, Marapalayam, Erode.

2.The Inspector of Police, Kavindapadi Police Station, Kavindapadi, Erode.

3.G.Nithyananthan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents herein to secure the body of the detenue by name Kiruthika, aged 18 years, D/o.M.Mallika from the illegal custody of the third respondent and produce her before this Court for set at her liberty.

For Petitioner : Ms.Esairani Narasimman S.

For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

[Order of the Court by C.T.SELVAM, J.] Petitioner, who is the mother of the detenue viz., Kiruthika, aged 18 years sought production of her daughter.

2. Heard learned counsel for petitioner as also learned Additional Public Prosecutor for respondents 1 and 2.

3. The detenue has been produced by the second respondent from the custody of the parents of third respondent. Third https://hcservices.ecourts.gov.in/hcservices/

respondent and the detenue informed of being in love and intending to enter upon marriage after the third respondent attaining marriageable age with the knowledge of their parents. The detenue further informs that her father and mother are living separately and she enjoys cordial relationship of her father, who is not opposed to her wish. On the other hand, her mother/the petitioner wishes her to have a marriage to an elderly uncle, which had forced the detenue to leave petitioner's custody. Both detenue and third respondent inform the intent to continue to reside with the parents of third respondent.

4. Recording the above position, this Habeas Corpus Petition shall stand closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kmi To:

1. The Superintendent of Police, Marapalayam, Erode.

2.The Inspector of Police, Kavindapadi Police Station, Kavindapadi, Erode.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/S.P.Arulmozhi, Advocate Sr.73093 HCP. No.2243 of 2018 kj[co] srg 16/11/2018 https://hcservices.ecourts.gov.in/hcservices/