B. Kazhu Vayee v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.38 of 2017 B.Kazhuvayee : Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Jaihindpuram Police Station, Madurai.

3.K.Pandi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's daughter, detenue, namely Durgadevi, D/o.Bharathi Murugan, aged about 23 years and set her at liberty.

For Petitioner : Mr.A.Mu.Sharavanan For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The petitioner is the mother of the detenue - Durgadevi, D/o.Bharathi Murugan, aged about 23 years. She has filed the present Habeas Corpus Petition stating that in the month of March, 2016, the detenue married the third respondent, without the consent of the petitioner. They lodged a complaint seeking protection and at the time of enquiry, the detenue went along with the third respondent. Since the whereabouts of the detenue is not known, the petitioner has lodged a complaint to the second respondent on 17.11.2016. However, no effective steps were taken https://hcservices.ecourts.gov.in/hcservices/

to trace out the detenue. Hence, she filed the present Habeas Corpus Petition.

2. Today, when the matter was taken up for consideration, the detenue was produced by the second respondent. When we enquired the detenue, she told us that she is aged about 23 years and she married the third respondent and is presently living in her inlaws house. The detenue further told us that the present petition has been filed with false allegations, since the marriage of the detenue with the third respondent took place without the consent of her parents. The detenue also told that she is not in illegal custody of anyone.

3. Therefore, recording the statement made by the detenue, the Habeas Corpus Petition is closed as nothing survives for adjudication.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar SML To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Jaihindpuram Police Station, Madurai.

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

GJM/BS/MS/6.2.17-2p-5c Order made in H.C.P.[MD].No.38 of 2017 Dated: 23.01.2017 https://hcservices.ecourts.gov.in/hcservices/