Vengan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2018
CORAM
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE H.C.P.No.2535 of 2018 Vengan S/o.Natesagoundar ..Petitioner Vs.
1.State Rep. by The Inspector of Police, Kambainallur Police Station, Dharmapuri District.
2.Aristotle S/o.Sivapragasam ..Respondents Prayer: Petition under Article 226 of the Constitution of India to issue a Writ of HABEAS CORPUS, directing the first respondent to secure the body of the petitioner's daughter namely KAAVIYA aged about 22 years and to produce before this Court, who is under the illegal custody of the 2nd respondent. For Petitioner ::
Mr.A.Gokulakrishnan For Respondents::
Mr.Ayyaparaj, Additional Public Prosecutor for R1 Mr.P.Vijendran, for R2
ORDER
(Order of the Court was made by N. KIRUBAKARAN,J.) When the matter is taken up today, the alleged victim, namely, KAAVIYA has been produced before this Court. She would state that she had completed her Graduate in Engineering and she got married to her classmate Aristatil, second respondent herein in the month of August 2018 and the marriage was registered at District Registrar Office, Chennai North Joint-I. Thereafter, they celebrated the marriage at Annai Party Hall, Mannady, Chennai. The same is proved by the marriage registration certificate dated 24.08.2018 issued by Marriage https://hcservices.ecourts.gov.in/hcservices/
Registrar, District Registrar Office, Chennai North Joint-I. Further, the educational certificates standing in the name of detenue Kaaviya would indicate that she was born on 16.10.1995 and therefore, she is a major aged about 22 years. 2.Though the parents of the detenue who are present before this Court wanted their daughter to come along with them, the detenue would categorically state that she would go only with her husband.
3.From the above, it is clear that the detenue Kaaviya is not under the illegal custody of the second respondent, as alleged by the petitioner and she is living along with her husband.
4.Recording the submission made by the detenue before this Court, the habeas corpus petition is closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar pgp To 1.The Inspector of Police, Kambainallur Police Station, Dharmapuri District.
Copy to The Public Prosecutor, High Court, Madras.
+1cc to Mr.A.Gokulakrishnan, Advocate Sr.83184 +1cc to Mr.P.Vijendran, Advocate Sr.82728 H.C.P.No.2535 of 2018 vgi[co] srg 24/01/2019 https://hcservices.ecourts.gov.in/hcservices/