R.Habibullah Ansari, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1739 of 2016 R.Habibullah Ansari : Petitioner Vs.

1.The Inspector of Police, Sencottah Police Station, Tirunelveli District.

2.Sahul Hameed Ajmal 3.A.Ahamed 4.K.Ismail 5.Kiruthavalli 6.K.Chellappa : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first respondent to produce the body or person of the petitioner's daughter/detenue namely Daulath Fathima, aged 19 years before this Court and set her at liberty.

For Petitioner : Mr.A.S.Vaigunth For Respondent No.1 : 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 father of the detenue - Daulath Fathima, aged about 19 years. He has filed the present Habeas Corpus Petition stating that his daughter was found missing from 24.09.2016 onwards and on enquiry, he came to know that the second respondent along with the fifth respondent forcibly abducted his daughter and the respondents 3 to 6 solemnized the marriage between his daughter and the second respondent against her will. In this regard, he made a complaint to the first respondent on 29.09.2016 and, thereafter, in the Jamath Meeting conducted on 30.09.2016, the respondents 2 to 5 handed over the custody of the detenue to the petitioner. While so, again on 14.12.

2016, when the petitioner went to attend his regular work, the second respondent and his family members with the help of the respondents 3 to 6 had forcibly taken his daughter to his house. Hence, he lodged a complaint before the first respondent on 14.12.2016. Since no effective steps were taken to trace out the detenue, he has come up with the present petition. https://hcservices.ecourts.gov.

2. Today when the matter was taken up for consideration, the first respondent produced the detenue before this Court. When we enquired the detenue, she told us that she fell in love with the second respondent and hence, on her own accord, she left the house and she is not in illegal custody of anybody. The detenue also expressed her unwillingness to go along with the petitioner.

3. Therefore, recording the submission made by the detenue, since the detenue is a major, aged about 19 years, the Habeas Corpus Petition is closed, leaving it open for the detenue to chooser her own way of life.

Sd/- Assistant Registrar( ) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Sencottah Police Station, Tirunelveli District.

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

SML AE/MR/09.02.2017/2P/3C Order made in H.C.P.[MD].No.1739 of 2016 Dated: 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/