Vijaya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.204 of 2023 Vijaya ... Petitioner / Mother of the Detenue Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to secure the petitioner's daughter / detenue, namely, Barkavi, D/o.Gunasekaran, aged about 20 years and produce her before this Court and set her at liberty. For Petitioner : Mr.K.Gokul For Respondents : Mr.RMS.Sethuraman, Additional Public Prosecutor 1/4

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of her daughter, namely, Barkavi, aged about 20 years, has filed this Habeas Corpus Petition. 2.The detenue girl, namely, Barkavi, has been produced before this Court by the respondent Police. She would state that she left the parental home on 21.01.2023 along with one Vignesh of the same place with whom she claimed to have fell in love. According to her, she got married with the said Vignesh at Vinayagar Temple in Peravoorani ie., nearby town on 27.01.2023. Thereafter, she seemed to have left to Chennai, where she claimed that she is residing with the said Vignesh, who is a driver by job.

3.The detenue also would state that since she got married with the said Vignesh, she wants to go and live with him, she does not want to go with her parents, ie., the petitioner / mother of the detenue. 2/4

4.The detenue is a major as her date of birth is 18.05.2003. On her own volition, she has gone and married with the said Vignesh with whom she claimed to have fell in love. Therefore, this Court finds that the detenue is not in illegal custody.

5.Recording the same, this Habeas Corpus Petition is closed. (R.S.K., J.) & (K.K.R.K, J.) 17.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

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

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