Pavanasam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.338 of 2023 Pavanasam .. Petitioner / father of the detenue Vs.

1.The Superintendent of Police O/o. the Superintendent of Police Tenkasi District 2.The Inspector of Police, Kadayam Police Station, Tenkasi District ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents to produce the body or person of the petitioner's daughter namely Karthika, daughter of Pavanasam aged about 21 years before this Court forthwith and set her at liberty.

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For Petitioner : Mr.A.Naresh Prabu For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to direct the respondents to produce the body or person of the petitioner's daughter namely Karthika, daughter of Pavanasam aged about 21 years before this Court forthwith and set her at liberty.

2.The detenue has been produced by the respondent police. She stated that the petitioner, who is her father, wanted to fix the marriage for her, which she does not like. Therefore, in order to relieve from such clutches of compulsory marriage, she claimed to have left the parental home some time in January, 2023 to Coimbatore, where she joined in a private Mill and working there till date by staying in a working women hostel. Sometime in April 2023, she claimed to have phoned the petitioner and has stated about her whereabouts. 2/5Page 2 of 5

3. Despite this factor known to the petitioner, still he proceeded to file this petition as if her whereabouts are not known to him. Today, the petitioner is also present and he stated that against her willingness, no marriage proposal would be again taken up and that kind of compulsory decision would not crust upon the detenue. On such assertion, the detenue also stated that in order to meet the ailing mother, she may visit the parental home shortly and thereafter also, often whenever they required, she will visit her parents, for that the petitioner also has assured that compulsory marriage proposal already taken against the detenue has been dropped and insofar as the marriage proposal is concerned, only as per the wishes of the detenue, such arrangement would be made in future.

4. Recording the said submissions made by both sides, this petition is closed.

(R.S.K.,J.) (K.K.R.K.,J.) 02.06.2023 Internet : Yes RR 3/5Page 3 of 5

To 1.The Superintendent of Police O/o. the Superintendent of Police Tenkasi District 2.The Inspector of Police, Kadayam Police Station, Tenkasi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5Page 4 of 5

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

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