Nagavalli v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA H.C.P.(MD)Nos.212 and 201 of 2026 H.C.P(MD)No.212 of 2026 Nagavalli ... Petitioner -vs1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to secure and produce the body or person of the detenu namely Silambarasan, S/o.Sathaiah, aged about 21 years before this Court and set him at liberty.

For Petitioner :

Mr.C.Senthil Murugan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor H.C.P(MD)No.201 of 2026 Nagarajan ... Petitioner -vs1.The State of Tamil Nadu, Rep. by The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Elayankudi Police Station, Sivagangai District.

... Respondents Crime No.48 of 2026.

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the body or person of the petitioner's daughter Karthika, wife of Kottaimuthu, aged about 26 years and grand-daughter Niraliya, daughter of Kottaimuthu, aged about 3 years before this Court and set them at liberty.

For Petitioner :

Mr.M.Murugesan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

C O M M O N O R D E R (Order of the Court was made by G.K. ILANTHIRAIYAN,J.) H.C.P(MD)No.212 of 2026 has been filed to secure and produce the detenu by name Silambarasan before this Court.

2. H.C.P(MD)No.201 of 2026 has been filed by the petitioner, who is the father of the detenu, to secure and produce the detenu by name Karthika, W/o.Kottaimuthu and his grand-daughter Niraliya, aged about 3 years before this Court. 3.The petitioner in H.C.P(MD)No.212 of 2026 is the mother of the detenu. The detenu was missing from 09.02.2026, therefore, the petitioner lodged a complaint before the second respondent and the petitioner was issued with CSR. At the same time, another complaint was given by the petitioner in H.C.P(MD)No.201 of 2026 before the second respondent police alleging that his daughter by name Karthika

was missing from 09.02.2026 along with minor child. On receipt of the same, the second respondent registered an FIR in Cr.No.48 of 2026 under ''woman missing'.

4. On investigation, it is found that the detenu in H.C.P. (MD)No.201 of 2026 and the detenu in H.C.P(MD)No.212 of 2026 are eloped and living together. That apart, the detenu by name Silambarasan is none other than the brother of the detenu Karthika's husband. The said Karthika originally married to one Kottaimuthu and gave birth a female child by name Niraliya. While being so, the said Kottaimuthu went abroad for his avocation and he did not return to India, therefore, the detenu Karthika fell in love with his brother Silambarasan, who is the detenu in H.C.P(MD)No.212 of 2026 and eloped somewhere along with minor child.

5. Today, both the detenues are produced before this Court and they have stated that the husband of the detenu Karthika went abroad and he did not return to India. Further, there was a misunderstanding

between the Karthika and her husband. Hence, she fell in love with his brother Silambarasan and they are living together. Admittedly, both detenues are major and they are not in anybodies illegal detention. Hence, both the Habeas Corpus Petitions are dismissed. If the husband of the detenu Karthika is aggrieved over the said relationship, he can very well approach the appropriate Court for appropriate relief in the manner known to law.

[G.K.I., J.] [R.P., J.] 25.02.2026 am NCC :Yes/No Index: Yes/No Internet: Yes/No

To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Elayankudi Police Station, Sivagangai District.

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am H.C.P.(MD)Nos.212 and 201 of 2026 25.02.2026