Thangaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.781 of 2023 Thangaraj .. Petitioner/Father of the Detenue Vs.

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

2.The Inspector of Police, Thirumangalam-town Police Station, Madurai District.

3.Aravinth .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the second respondent to produce the person or body of the petitioner's daughter namely Mahalakshmi S/o.Thangaraj, aged about 18 years and produce before this Court and set her at liberty.

For Petitioner : Mr.M.Vigneshkumar For R-1 and R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner's daughter Mahalakshmi, who is aged about 18 years, went missing from his house from 21.06.2023 onwards. The petitioner's complaint to the second respondent Police in this regard made on 21.06.2023, was registered on 22.06.2023 in Crime No.287 of 2023 as "woman missing". Since there was no progress thereafter, the present Habeas Corpus Petition has been filed.

2. Pending the Habeas Corpus Petition, the second respondent herein had traced the petitioner's daughter and she along with the petitioner and his wife were present before this Court today.

3. We had spoken with the petitioner's daughter Mahalakshmi, who had stated that she was in love with one Aravinth and she had also married him on 21.06.2023 in Veeramudaiyar temple at Natham, Dindigul District and since then, she is living with the said Aravinth and his family. She also expressed that she does not wish to rejoin with her parents in view of the

marriage and that she wanted to continue her matrimonial life with Aravinth. We also spoke with the petitioner, who stated that since her daughter does not want to return to him, he has no objection if she continues to live with her husband. Likewise, we had also advised the husband of the petitioner's daughter, Aravinth to ensure that the petitioner's daughter continues her education, to which he affirmed that he would facilitate for providing continuation of her education or any other course which she may want to do.

4. In the light of the above observations, we have taken note of the fact that the petitioner's daughter is a major and she has made a conscious decision regarding her future life, which is also acceptable to the petitioner. Thus, no effective orders can be passed in this petition. Accordingly, this Habeas Corpus Petition is closed.

(M.S.R.,J.) (M.N.K.,J.) 05.07.2023 NCC : Yes / No Index : Yes / No Lm

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

2.The Inspector of Police, Thirumangalam-town Police Station, Madurai District.

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm H.C.P.(MD)No.781 of 2023 05.07.2023