R. Antony Dhivakar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD].No.314 of 2018 R.Antony Dhivakar : Petitioner Vs.

1. The State of Tamilnadu Rep. by The Superintendent of Police, Kanyakumari District At Nagercoil.

2. The Inspector of Police, Vellichanthai Police Station, Vellaichanthai, Kanyakumari District.

3. S.Devadhason : Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the person or body of the petitioner's wife namely Dayana Mary aged about 23 years before this Court and set her at liberty.

For Petitioner : Mr.K.Vamanan For R1 and R2 : Mr.K.Dinesh Banu Additional Public Prosecutor For R3 : Mr.Mohamed Haniff

ORDER

********* [Order of the Court was made by S.VIMALA, J] This petition has been filed by the petitioner, who is the husband of the detenue, to produce his wife, namely, Dayana Mary, aged about 23 years before this Court and set her at liberty. 2.We have heard the learned counsel for the petitioner; the learned Additional Public Prosecutor for the respondents 1 and 2 and the learned counsel for the third respondent. We have also perused the records carefully.

3.The petitioner/husband of the detenue is not present today. The respondents police have produced the detenue Dayana Mary, before this Court. The third respondent, who is the father of the detenue is also present.

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4. It is averred in the petition that the petitioner married the daughter of the third respondent on 16.02.2018, as per the Christian Rites and Customs at Seventh-Day Adventist Church, Moondradaippu and suspecting that the detenue would have been illegally detained by the third respondent / father, he has preferred a complaint with the second respondent and since no action was taken thereon by the respondent Police, the present petition has been filed.

5.On enquiry, the detenue would submit that the petitioner, suppressing the fact that he is already a married man, entered into the marriage with her and upon coming to know of the said fact, she has left the matrimonial home and joined his father. She has further stated that she has not been abducted by anyone and she is not inclined to go with the petitioner.

6. Recording the statement made by the detenue, this Habeas Corpus Petition is closed and as the detenue is a major, she is set at liberty.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Kanyakumari District At Nagercoil.

2. The Inspector of Police, Vellichanthai Police Station, Vellaichanthai, Kanyakumari District.

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

+1cc to Mr.K.Vamanan, Advocate Sr.No.58233 +1cc to Mr.A.Mohamed Haneef, Advocate Sr.No.58523 RJ2 VB/SKN/RSK/SAR1/24.04.2018/2P/6C ORDER MADE IN HCP .[MD].No.314 of 2018 26.03.2018 https://hcservices.ecourts.gov.in/hcservices/