Arumugnainar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1147 of 2022 Arumuganainar .. Petitioner / Detenue's husband Vs.

1.The Superintendent of Police, Thoothukudi District Thoothukudi.

2.The Deputy Superintendent of Police Srivaikundam Thoothukudi District 3.The Inspector of Police, All Women Police Station, Srivaikundam Taluk Thoothukudi District 4.Ariraman .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 3rd respondent to secure the petitioner's wife by name Keerthana, D/o.Ariraman aged about 20 years and produce her in person or her body and set her at liberty.

For Petitioner : Mr.Angusamy For Respondents : Mr.T.Senthilkumar for R1 to R3 Additional Public Prosecutor Mr.D.Selvanayagam for R4

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that Keerthana (detenue) and he were in love with each other, eloped and got married on 27.05.2022 in Arulmigu Subramaniya Swamy Thirukoil, Tiruchendur and that she has been forcibly taken away by her father, the fourth respondent herein. On these allegations, this petition has been filed.

2. On 15.07.2022, we passed the following order: "Today, Mrs.Murugalakshmi, Women Grade-I, AWPS Srivaikundam and N.Arumuganainar (the petitioner) are present before this Court.

2.We direct the third respondent police to produce Keerthana (the detenue) before this Court on the next date of hearing.

3.Post the matter on 22.07.2022"

3. Today, Ms.Lakshmiprabha, Inspector of Police, AWPS, Srivaikundam, produced Keerthana (detenue) before us. The petitioner, Ariraman (fourth respondent) and Keerthana are present.

4. When we enquired Keerthana, she stated that her date of birth is 14.05.2002 and that she is studying third year B.A., (Tamil Literature) in a College at Kayalpattinam, Tuticorin District. She further categorically stated that she was in love with the petitioner, eloped with him and got married on 27.05.2022. She also stated that she wants to go with the petitioner and not with her father (fourth respondent). We also counselled the fourth respondent and explained to him that his daughter, being 20 years old cannot be forced to go with him (father). In view of the above, Keerthana is set at liberty to chalk out her life, as she desires and this petition stands closed.

(P.N.P.,J.) (R.H.,J.) 22.07.2022 Internet : Yes RR

To 1.The Superintendent of Police, Thoothukudi District Thoothukudi.

2.The Deputy Superintendent of Police Srivaikundam Thoothukudi District 3.The Inspector of Police, All Women Police Station, Srivaikundam Taluk Thoothukudi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P.N.PRAKASH,J.

and R.HEMALATHA, J.

RR H.C.P.(MD)No.1147 of 2022 22.07.2022