J.Karuppaiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.(MD)No.1226 of 2022 J.Karuppaiah .. Petitioner / husband of the detenue Vs.

1.The Superintendent of Police, Dindigul District 2.The Inspector of Police, All Women Police Station, Vadamadurai Dindigul District 3.The Inspector of Police, Chinnalapatti Police Station, Dindigul District 4.Raja .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents No.1 to 3 to secure the detenue by name Saranya (female aged 20 years) W/o.Karuppaiah and to produce her before this Court and thereby set her at liberty.

For Petitioner : Mr.R.Anand For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that he and Saranya were in love with each other and since they belong to different caste, the parents of Saranya were not agreeable for their marriage and therefore, they eloped and got married on 06.07.2022 in Akkasalai Vinayagar Temple and after marriage, they were living as husband and wife in the house of the petitioner. However, it is alleged that the parents of Saranya forcibly took her away on 11.07.2022 and on these allegations, the present Habeas Corpus Petition has been filed.

2. Today, Mrs.Gomathi, Sub Inspector of Police, Chinnalapatti Police Station, Chinnalapatti, Dindigul District, Saranya (detenue) and her parents are present.

3. When we enquired directly Saranya, she stated that her date of birth is 25.08.2002; she is doing her second year Diploma in Nursing; she was in love with Karuppaiah (petitioner); got married to him on 06.07.2022 and after marriage, she was living in the house of Karuppaiah (petitioner), but, however, her parents convinced her and took her away and when we pointedly asked her with whom she wants to go, she clearly stated that she wants to go with Karuppaiah (petitioner). Saranya being major, we cannot force her to go against her will. Hence, Saranya is set at liberty to chalk out her life, as she desires. Accordingly, the Habeas Corpus Petition is closed. (P.N.P.,J.) (R.H.,J.) 29.07.2022 Internet : Yes RR To 1.The Superintendent of Police, Dindigul District 2.The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District 3.The Inspector of Police, Chinnalapatti Police Station, Dindigul 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.1226 of 2022 29.07.2022