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Madras High CourtHCP(MD)/109/2025dismissed

Praveen Kumar v. The Superintendent Of Police

2025-02-06Honourable Dr Justice G. Jayachandran,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD)No.109 of 2025 and Crl.M.P.(MD)No.1644 of 2025 Praveen Kumar ... Petitioner -Vs1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Silaiman Police Station, Madurai District.

3. The Sub Inspector of Police, Karuppayurani Police Station, Madurai 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 secure and produce the body or person of the detenue namely Divya (Petitioner's wife), W/o. Praveen Kumar, aged about 21 years and produce her before this Court and set her at liberty.

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For Petitioner : Mr.K.Malaimaran For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

The petitioner, claiming that he has married one Divya, in a temple against the wish of her parents, is now before this Court seeking production of the person or body of the said Divya alleging that she has been forcibly taken away by her parents and her whereabouts is not known.

2. The learned Additional Public Prosecutor on investigation states that the said Divya married one Vignesh on 19.01.2025 and is living with him happily.

3. To ascertain whether the detenue's marriage with Vignesh was forcible as alleged by the petitioner's counsel, this Court directed the learned counsel appearing on behalf of the detenue, namely Divya to contact her over whatsapp. Accordingly, the said Divya appeared before this Court through whatsapp video call and this Court, on interaction with the said Divya, found that 2/4

she has voluntarily married Vignesh on 19.01.2025 and is living with him happily. The said Vignesh also appeared through video call and he stated that the said Divya is his maternal uncle's daughter and he has married her and he is living with her happily. Hence, this Court finds that there is no ground to interfere with Habeas Corpus Petition. Accordingly, this Habeas Corpus Petition is dismissed. Consequently, connected miscellaneous petition is closed. [G.J., J.] & [R.P., J.] 06.02.2025 NCC : Yes / No Index : Yes / No Sm 3/4

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

Sm To

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Silaiman Police Station, Madurai District.

3. The Sub Inspector of Police, Karuppayurani Police Station, Madurai District.

Order made in H.C.P.(MD)No.109 of 2025 Dated:

06.02.2025 4/4