Vivekananthan, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1677 of 2016 Vivekananthan : Petitioner Vs.
1.The Superintendent of Police, Pudukottai District, Pudukottai.
2.The Inspector of Police, Annavasal Police Station, Pudukottai District.
3.A.Subramanian : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenue, namely Sangavi, W/o.P.Vivekananthan, aged about 22 years before this Court and set her at liberty forthwith.
For Petitioner : Mr.V.Selva 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 husband of the detenue - Sangavi, aged about 22 years. He has filed the present Habeas Corpus Petition stating that he belongs to Scheduled Caste community. He fell in love with one Sangavi, the detenue, who belongs to Kallar Community. They loved each other for the past five hears. When the parents of the detenue came to know about the same, they did not allow the detenue to marry the petitioner and hence, she voluntarily left the parental home and got married to the petitioner on 29.01.2015. Their marriage was also registered before the Sub-Registrar Office, Othakadai, Madurai. Thereafter, they went to their respective parents' house and they were living separately.
Now, the parents of the detenue arranged for the second marriage of the detenue with some other person. In such a situation, the detenue came to the petitioner's house on 05.12.2016 and from that day onwards, they were living in the petitioner's house. While so, on 07.12.2016, the third respondent https://hcservices.ecourts.gov.
along with some persons came to his house and kidnapped his wife against her wish. Therefore, he lodged a complaint before the second respondent on 09.12.2016. Since no effective steps were taken to trace out the detenue, he filed the present Habeas Corpus Petition.
2. Today, when the matter was taken up for consideration during the forenoon session, the second respondent produced the detenue before this Court. When we enquired the detenue, she made a request to allow her to talk to the petitioner. Accordingly, she was allowed to talk to the petitioner. The matter was passed over. Again, it was called by 04.30 p.m. We enquired the petitioner and the detenue. The detenue expressed her willingness to go only with the petitioner. She also express her apprehension that the petitioner may be attacked by her parents and hence, she sought for police protection to reach their place.
3. In view of the above statement made by the detenue, since the detenue is a major, aged about 22 years and she is willing to go only with the petitioner, the husband of the detenue, this Court has been left with no other alternative except to allow her to choose her own way of life. Since she expressed apprehension at the hands of her parents, the second respondent is directed to provide protection to the detenue and the petitioner to reach the house of the petitioner safely.
4. The Habeas Corpus Petition is disposed of accordingly. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District, Pudukottai.
2.The Inspector of Police, Annavasal Police Station, Pudukottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
SML MSK/11.01.2017/2P-4C Order made in H.C.P.[MD].No.1677 of 2016 19.12.2016 https://hcservices.ecourts.gov.in/hcservices/