Simson, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.(MD)No.1572 of 2017 Simson : Petitioner vs.
1.The Superintendent of Police, Tirunelveli District 2.The Inspector of Police Pavoorchathiram Police Station, Pavoorchathiram Tirunelveli District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the 2nd respondent to produce the body or person of the petitioner's minor daughter namely Selvasagunthala, D/o.Simson, aged about 17 1⁄2 years before this Court and hand over the custody to the petitioner. For Petitioner : Mr.M.Subash Babu For Respondents : Mr.C.Ramesh for R1 and R2 Additional Public Prosecutor
ORDER
****** [Order of the Court was made by R.SUBBIAH, J] The petitioner is the father of the detenu, viz.,Selvasagunthala. In the affidavit, it has been averred that the detenu is aged 171⁄2 years and on 31.08.2017, she left the house for purchasing books. Thereafter, she did not return. As she was not found, the petitioner preferred a complaint to the respondent police on 01.09.2017. Since no effective steps were taken, the petitioner is before this Court.
2. Today, when the matter was taken up for consideration, the detenu has been produced by the respondent police. When we enquired, she has stated that her date of birth is 22.04.1992 and she is 25 years old and on her own accord, she left her parental home and married one Marimuthu, on 30.08.2017 and the said marriage was also https://hcservices.ecourts.gov.in/hcservices/
registered on 09.10.2017 on the file of the Sub Registrar, Vilathikulam. She has also produced the Transfer Certificate issued by the Ooliyasthanam Teacher Training Institute, Palayapettai, Tirunelveli, to prove her date of birth. We have also perused the same. She has expressed her willingness to go with her husband/Marimuthu.
3. Since the detenu expressed her willingness to go with her husband and since the detenu is a major, nothing survives for adjudication in the present Habeas Corpus Petition. Accordingly, this Habeas Corpus Petition is closed.
Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District 2.The Inspector of Police Pavoorchathiram Police Station, Pavoorchathiram Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
RR RL/4C/2P/JC/SAR1/11/12/2017 Order made in H.C.P.(MD)No.1572 of 2017 Dated:
20.11.2017 https://hcservices.ecourts.gov.in/hcservices/