Madras High CourtHCP(MD)/862/2022closed

K.Karthika v. The Sub Inspector Of Police

2022-06-10Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice S.Srimathy2 pages

H.C.P(MD)No.862 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY H.C.P(MD)No.862 of 2022 K.Karthika (mother of the Dentenue) ... Petitioner Vs.

1.The Sub-Inspector of Police, Chinnamanor Police Station, Chinnamanur, Uthamapalayam Taluk, Theni District - 625 524.

2.R.Vinoth ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Habeas Corpus, directing the first respondent to produce the person or body of the detenue namely Vinitha, the petitioner's daughter aged 19 years before this Honourable Court and set her at liberty. For Petitioner : Mr.R.Saravanan For R-1 : Mr.S.Ravi, Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.S.SUNDAR, J.) The detenue is the elder daughter of the petitioner. Alleging that the second respondent herein had taken her daughter illegally, the above Habeas Corpus Petition is filed to direct the first respondent to produce the person or body of the detenue namely Vinitha, aged 19 years, before this Honourable Court and set her at liberty.

2. Pursuant to the direction of this Court, the detenue was secured and produced before this Court. The second respondent is also present today. On enquiry, the detenue submitted that she had on her own, voluntarily left her home and married the second respondent on 06.06.2022 and that, she is not in illegal custody of the second respondent. She has also produced the marriage certificated issued by Mr.M.Garkey, the President of Participants and Supporters of Inter Caste - Inter Religion Marriages for Social Equality Association. The person who has given the certificate has https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.862 of 2022 given an affidavit to the effect that the marriage between the second respondent and the detenue took place on 06.06.2022 in his presence. The second respondent undertakes to have the marriage registered in accordance with law and that, he may be permitted to take the detenue with him to his quarters specially allotted to him in his work place.

3. Considering the fact that the detenue on her own left the home and married the second respondent, the petitioner/mother has nothing further to say. The learned counsel appearing for the petitioner requested this Court to close this petition.

4. In view of the above, recording the fact that the detenue is not in illegal custody, this Habeas Corpus Petition is closed. The undertaking given by the second respondent is recorded, so that this Court may pursue him for contempt, in case he tries to escape from the contract of marriage.

5. Since the detenue is at liberty to go with the second respondent, the detenue and the second respondent shall be released from the police custody.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PM To 1.The Sub-Inspector of Police, Chinnamanor Police Station, Chinnamanur, Uthamapalayam Taluk, Theni District - 625 524.

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

+1 CC to M/s.R.SARAVANAN, Advocate ( SR-25144[F] dated 10/06/2022 ) H.C.P(MD)No.862 of 2022 10.06.2022 RD(20.06.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2