Mallika v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1511 of 2016 Mallika : Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, at Nagercoil.

2.The Inspector of Police, Puthukkadai Police Station, Kanyakumari District.

3.Danush 4.Nisha : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the second respondent to produce the petitioner's daughter, namely Asha, 18 years, D/o.Jerons, or her body from the illegal custody of the respondents 3 and 4 before this Court and set her at liberty. For Petitioner : Mr.M.R.Sreenivasan For Respondents 1&2 : Mr.K.S.Duraipandian, Additional Public Prosecutor For Respondent No.3 : Mr.R.Saravanan

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] One Mallika has filed this Habeas Corpus Petition alleging that her daughter, viz., Asha, aged about 18 years, was found missing and in this regard, a complaint has been given to the second respondent. But, no action was taken so far to trace out the detenue. Hence, she has come up with the present Habeas Corpus Petition.

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2. When the Habeas Corpus Petition was taken up for hearing on 07.12.2016, the second respondent produced the detenue before this Court. On our enquiry, the detenue stated that her date of birth is 11.07.1998 and she fell in love with one Raguraman and on her own volition, she went along with him and married him in a Temple and their marriage is yet to be registered and she wants time to produce the Marriage Registration Certificate. Therefore, this Court adjourned the matter to 16.12.2016.

3. Today, when the matter was taken up for consideration, the detenue appeared before this Court along with her husband and also produced the Marriage Registration Certificate for perusal of this Court. She has also expressed her willingness to live along with her husband-Raguraman. She has also made an assertive statement that she is not in illegal custody of the third and fourth respondents herein.

4. Therefore, recording the submission made by the detenue, the Habeas Corpus Petition is closed giving liberty to the detenue to go along with her husband-Raguraman.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, at Nagercoil.

2.The Inspector of Police, Puthukkadai Police Station, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.R.Saravanan, Advocate in SR.No. 81247 SML CSL/GSV-PM/02.01.2017 : 2P/5C ORDER MADE IN H.C.P.[MD].No.1511 of 2016 Dated: 16.12.2016 https://hcservices.ecourts.gov.in/hcservices/