Sangeetha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD)No.330 of 2025 Sangeetha .. Petitioner /Mother of Detenue Vs.

1. State of Tamil Nadu, Represented by the Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Tamil University Police Station, Thanjavur District.

3. The Inspector of Police, All Women Police Station, Thanjavur, Thanjavur District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the Respondents 1 to 3 to secure and produce the body or person of the detenue namely Theershika D/o.Minar Durai, aged 22 years and produce here before this Court and set her at liberty.

For Petitioner :Mr.E.Balasubramanian For Respondents :Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN, J.

AND R.POORNIMA , J.

The mother of 22 years old girl is before this Court seeking issuance of Mandamus on the ground that her daughter had gone missing since 13.02.2025. The respondent police has registered the complaint given by the petitioner on 20.02.2025, alleging that the police not acted on the complaint, the present Habeas Corpus Petition is filed.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records.

3. The 3rd respondent police had secured the girl and produced before this Court. According to the daughter of the petitioner she was in

love with one Sithik, her classmate. When she informed her parents about her love, they started making arrangements to marry her to someone else. Therefore, she left from home and converted to Islam and married Sithik, as per Islamic rites. She also went to the office of the Superintendent of Police, Thanjavur, sought for production from her parents. Accordingly, the parents were called and informed about the marriage and instructed not to disturb their peaceful life since their marriage, despite that the present Habeas Corpus Petition is filed.

4. The petitioner is present today and she had been informed by this Court about the intention of her daughter not to join with their parents because they are forcing her to marry somebody else against her will and also about her marriage with the said Sithik.

5. In view of the fact that the daughter of the petitioner is completed 22 years age and has gone out from the home and legally married a person of her choice, this Habeas Corpus Petition is not maintainable.

6. Accordingly, this Habeas Corpus Petition stands dismissed. [G.J., J.] & [R.P., J.] 24.03.2025 NCC :Yes/No Index:Yes/No Internet:Yes/No KSA

To

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

2. The Inspector of Police, Tamil University Police Station, Thanjavur District.

3. The Inspector of Police, All Women Police Station, Thanjavur, Thanjavur District.

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

DR.G.JAYACHANDRAN, J.

and R.POORNIMA , J.

KSA H.C.P.(MD)No.330 of 2025 24.03.2025