Muthupandiyammal v. The Commissioner Of Police

H.C.P.(MD) No.714 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.714 of 2020 Muthupandiyammal ... Petitioner -vs1. The Commissioner of Police Madurai District, Madurai

2. The Inspector of Police AWPS Madurai Town Police Station Madurai District

3. Indran ... Respondents PRAYER: Petition 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 petitioner's daughter namely Lavanya, daughter of Sivakumar (minor aged about 17 years) or her body before this Court and handed over to the petitioner based on the FIR in Crime No.18 of 2020 and the petitioner's representation dated 12.06.2020. For Petitioner :

Mr.S.Sivaprakash For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2 Mr.Senguttuvan for R3

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 and 2 to produce her minor daughter, namely, Lavanya, aged about 17 years, before this Court and set her at liberty.

2. Mr.S.Sivaprakash, learned counsel for the petitioner, would argue that the detenue was a minor, when she eloped with the third respondent on 06.09.2020. It is further contended that the third respondent was already married and having two children born out of the first wife and he is facing criminal cases also.

3. Mr.Senguttuvan, learned counsel for the third respondent, would state that the first marriage of the third respondent has https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.714 of 2020 already ended in divorce and he remarried the detenue on 26.09.2020 and the detenue is a major as on date.

4. Today, the detenue appeared before this Court through Video Conferencing. On enquiry, the detenue informed that she has now attained majority and married the third respondent on 26.09.2020 and she wants to go with her husband and not with the petitioner herein.

5. Indisputably, the detenue is a major as on date and she is not interested to go with her mother / petitioner herein and wants to live with her husband / third respondent herein.

6. In the light of the above statement of the detenue, the habeas corpus petition is closed as no further orders are necessary. Sd/- Assistant Registrar (A.S) // True Copy // / /2020 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

krk To:

1. The Commissioner of Police, Madurai District, Madurai.

2. The Inspector of Police, AWPS Madurai Town Police Station, Madurai District.

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

H.C.P.(MD) No.714 of 2020 06.10.2020 KG(CO) CS(15.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2