R.Karthick v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.1245 of 2016 R.Karthick : Petitioner Vs.

1. The Superintendent of Police, Trichy District.

2. The Inspector of Police, Ariyamangalam Police Station, Trichy.

3. N.Gunasekaran

4. Smt.Shanthi

5. Karthick : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the body or person of petitioner's wife Mrs.Ishwarya, aged 22, from the illegal custody of the respondents 3 to 5 herein, before this Court and set her at liberty.

For Petitioner : Mr.V.Pandiyan For Respondents 1&2 : Mr.A.Ramar, Additional Public Prosecutor For Respondents 3to5 : M/s.T.Banumathy

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner claims to be the husband of one Ishwarya, aged 22 years. According to him, there was marriage between him and Ishwarya on 16.06.2016 and thereafter, the said marriage was also registered. According to him, Ishwarya is illegally kept by the respondents 3 to 5, who are the father, mother and brother respectively of the detenu. Since the girl was not secured, the petitioner has come up with this Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/

2. Today, when the Habeas Corpus Petition was taken up for hearing, Ishwarya was produced before this Court by the second respondent. The respondents 3 to 5 also made appearance. The petitioner did not make appearance. However, he was represented by his counsel. When we enquired, Ishwarya told us that there was no marriage at all between her and the petitioner. She was, by force, taken and made to sign some papers for registration of marriage as though there was some marriage. In this regard, she has already filed H.M.O.P.No.290 of 2016 before the Family Court, Tiruchirapalli, for appropriate relief. When we further enquired, she told that she wants to be only with her parents. The said statement is recorded.

3. In view of the same, nothing survives in this petition. This Habeas Corpus Petition is, accordingly, dismissed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Trichy District.

2. The Inspector of Police, Ariyamangalam Police Station, Trichy.

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

+ 3 CC TO M/s.T.BANUMATHY, ADVOCATE IN SR No. 61109 SML TE/GSV-PM : 02/11/2016 : 2P/5C Order made in H.C.P.(MD) No.1245 of 2016 Dated:

18.10.2016 https://hcservices.ecourts.gov.in/hcservices/