Padma v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2023

CORAM

THE HON'BLE DR JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE SUNDER MOHAN H.C.P.(MD)No.111 of 2023 Padma .. Petitioner /Detenu Vs.

1.The State Represented by The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 and 2 to produce the detenu namely Sumika, aged 18 daughter of Padma before this Court and set her liberty.

For Petitioner :Mr.N.S.Ramakrishna Dass For Respondents :Mr.R.Meenakshi Sundaram Additional Public Prosecutor For Detenu : Mr.K.Gokul

ORDER

DR G.JAYACHANDRAN,J.

and SUNDER MOHAN,J.

Padma the mother of Sumika, aged about 18 years, has filed the habeas corpus petition alleging that her daughter found missing from 17.01.2023 and all efforts taken by her went in vain and hence, she gave a complaint to the second respondent police to trace her daughter. Since there was no positive response from them, she is before this Court seeking issuance of habeas corpus.

2. When the matter came up for admission on 25.01.2023, the learned Additional Public Prosecutor appearing for the respondents took notice and sought time to get instructions.

3. Today, it was mentioned by the learned Additional Public Prosecutor that the daughter of the petitioner has been traced at Chennai and she has married one Murugan a close relative and now, living at Chennai. The girl was produced before this Court and she states that she fell in love with the said Murugan, which was opposed by her mother and father, who is working in Gulf and they refused to give consent for their marriage. Hence, she had eloped with Murugan and got married on 25.01.2023 following the Self Respect marriage ceremony under Section 7(A) of the Hindu Marriage Act as amended by Tamil Nadu Act. The copy of the marriage certificate also produced.

4. Since the girl is major and by consent, she married the said Murugan and left the home, this Court finds no reason to entertain the habeas corpus petition. Hence, this petition is closed. (G.J.,J.) (S.M.,J.) 30.01.2023 Index :Yes/No Internet:Yes/No NCC :Yes/No am

To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR G.JAYACHANDRAN,J.

and SUNDER MOHAN,J.

am ORDER MADE IN H.C.P.(MD)No.111 of 2023 30.01.2023