Jiyaul Rahuman v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Jiyaul Rahman : Petitioner -vs1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents herein to produce the person or body of the detenue namely Riswana Begam, D/o. Jiyaul Rahman,

aged about 18 years before this Court and set her at liberty. For Petitioner :

Mr.R.Prasanna For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] The present Habeas Corpus petition has been filed for a direction to the respondents to produce the person or body of the detenue namely Riswana Begam, D/o. Jiyaul Rahman, aged about 18 years before this Court and to set her at liberty.

2.Heard the learned Counsel on either side.

3.The petitioner is the father of the detenu. It is an unfortunate case where the daughter of the petitioner, on her own appears to have left the parental home, under the pretext that her father had arranged for her marriage. The detenu is studying first year. The detenu who is now been produced before this Court has agreed to go with her father on an assurance

given by her father that he will not force her for marriage and permit her to continue her studies. The father of the detenu also agreed that he would not force her for marriage and he would permit her to continue her studies. 4.In the said circumstances, this Court finds it appropriate to send the detenu along with her father. The father's undertaking that he will not harass her daughter or force her for marriage is recorded. However, the jurisdiction police is directed to visit the detenu atleast twice a month to ensure that the detenu is not compelled by her father or her relatives for marriage and to ensure whether she continues her studies. 5.Accordingly, this Habeas Corpus Petition is closed. [S.S.S.R., J.] [D.B.C., J.] 13.09.2023 Index :

Yes / No Internet :

Yes / No MR To 1.The Superintendent of Police,

Thanjavur District, Thanjavur.

2.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

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

13.09.2023