Madras High CourtHCP(MD)/52/2018closed

M. Kalaiarasan v. The Superintendent Of Police

2018-02-12Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD].No.52 of 2018 M.Kalaiarasan : Petitioner Vs.

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

2. The Inspector of Police, Manikandam Police Station, Trichy District.

3.Govindan

4. The Inspector of Police, K.K.Nagar Police Station, : Respondents (R4 impleaded vide court order dated 12.02.2018 made in Crl.MP(MD).No.984/2018 PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus to direct the second respondent to produce the body or person of the petitioner's wife namely Arthi, W/o.Govindan, aged about 21 years before this Court and set her at liberty.

For Petitioner : Mr.M.Subash Babu For R1 and R2 : Mr.C.Ramesh Additional Public Prosecutor For the Detenue : Mr.A.Mohan

ORDER

********* [Order of the Court was made by S.VIMALA, J] The petitioner has filed this Habeas Corpus Petition stating that he was in love with one Arthi for a period of three years and

as the parents opposed for the marriage, they ran away from their respective families and thereafter, they were secured by the police and handedover to their respective parents. It is stated that the love was growing between both of them, inspite of their seperation.

2.The third respondent was causing harassment to her daughter and therefore, Arthi went out of the custody of the third respondent and he married the petitioner on 05.11.2017 at Trichy Murugan Temple. The marriage was also registered before the Sub Registrar, Sathanur on 09.11.2017. After the marriage, the detenue Arthi left the petitioner and went to the house of the third respondent. The detenue was contacting the petitioner till 23.11.2017 and thereafter, the mobile phone became switched off, which made the petitioner to file this Habeas Corpus Petition. 3.The detenue was produced before this Court today. On enquiry, the detenue would submit that there was love affairs between herself and the petitioner and even though the marriage was registered and that registration was out of compulsion and thereafter, the parents interfered and got them separated. 4.Now, the detenue claimed that she has married one Pandiarajan and she is leading a marriage life with Pandiarajan and out of marital life, she got conceived and she is pregnant of three months duration.

5.Under such circumstances, recording the submission made by the detenue, the Habeas Corpus Petition is closed. It is open to the detenue to decide the further course of action, as the detenue herself claims that she is aged more than 18 years. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Manikandan Police Station, 3.The Additional Public Prosecutor Madurai Bench of Madras High Court,

Madurai.

4. The Inspector of Police, K.K.Nagar Police Station, Rj2 AE/SKN RSK/SAR1/01.03.2018/3P/5C ORDER MADE IN HCP .[MD].No.52 of 2018 12.02.2018