Madras High CourtHCP(MD)/723/2021dismissed

R.Ajithkumar v. The Superintendent Of Police

2021-05-12Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD)No.723 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.05.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.723 of 2021 R.Ajithkumar .. Petitioner/Husband of the detenue Vs

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

2. The Inspector of Police, Kenikarai Police Station, Ramanathapuram, Ramanathapuram District.

3. Muniyasamy ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Habeas Corpus, directing the respondents 1 and 2 to secure the petitioner's wife by name Bharathi Nisha (Detenue) aged 19 years from the illegal custody of the third respondent and to produce, either in person or body before this Court and thereupon set her at liberty.

For Petitioner : Mr.S.Anandhakumar For respondents : Mr.S.Chandrasekar Additional Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by S.S.SUNDAR, J.] The detenue is present in the Office of the learned Additional Public Prosecutor. This Court when enquired the detenue, she said that there was no marriage between her and the petitioner and that she is now with the parents on her own volition. The detenue also https://hcservices.ecourts.gov.in/hcservices/ __________

H.C.P.(MD)No.723 of 2021 expressed her willingness and wish to stay with her parents.

2. Since the detenue is a major and she is now living with her parents, the petitioner's allegation that the detenue is illegally detained by her parents cannot be accepted and this Habeas Corpus petition deserves to be dismissed.

3. Hence, this Habeas Corpus Petition is dismissed. Sd/- Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) krk/pkn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

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

2. The Inspector of Police, Kenikarai Police Station, Ramanathapuram, Ramanathapuram District.

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

+1 CC to M/s.G.CHANDRASEKAR, Advocate ( SR-18519[F] dated 12/05/2021 H.C.P.(MD) No.723 of 2021 12.05.2021 RK(24.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ __________