Madras High CourtHCP(MD)/793/2019disposed of

V. Rajeswari v. The Superintendent Of Police

2019-08-20Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 20.08.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P. (MD) NO. 793 OF 2019 V.Rajeswari .. Petitioner - Vs -

1. The Superintendent of Police Thoothukudi District.

2. The Inspector of Police North Police Station Thoothukudi District.

3. Jebin .. Respondents Petition filed for the issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the person or body of the detenue, viz., Keerthana, aged 25 years, from the illegal custody of the 3rd respondent before this Hon'ble Court and set her at liberty.

For Petitioner : Mr. P.Ronald For Respondents : Mr. K.Dinesh Babu, APP for RR-1 & 2

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) The petitioner is the mother of the detenue, viz., Keerthana, aged about 25 years and alleging her illegal custody/detention at the hands of the 3rd respondent came forward with the present petition.

__________ HCP No.793/2019 https://hcservices.ecourts.gov.in/hcservices/

2. The matter listed today and when it is taken up for hearing, Mr.Dinesh Babu, learned Addl. Public Prosecutor, appearing for respondents 1 and 2 submitted that the detenue has been secured and is produced before this Court. Accordingly, the detenue is produced before this Court and when the Court enquired her, she stated that she loved the 3rd respondent and she left her parental home voluntarily and got married to the 3rd respondent and as of now they are living as husband and wife. The 3rd respondent also is present and he states that steps are being taken to register the marriage between him and the detenue.

3. In the light of the fact that the detenue is a major and took a decision to leave her parental home and live with the 3rd respondent, this Court cannot pass any positive order restoring her custody to the petitioner - parent. Therefore, the detenue is set at liberty and it is for her to take a call for her own future and well being.

4. This habeas corpus petition is disposed of accordingly. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To

1. The Superintendent of Police Thoothukudi District.

2. The Inspector of Police North Police Station Thoothukudi District.

3. The Addl. Public Prosecutor Madurai Bench of Madras High Court Madurai.

+1 CC to M/s.JAYAMOHAN, Advocate ( SR-12385[D] dated 17/09/2019 ) H.C.P. (MD) NO. 793 OF 2019 20.08.2019 gln JM/18.09.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ __________ HCP No.793/2019