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Madras High CourtHCP(MD)/1780/2021dismissed

R.Kuralarasan v. The Superintendent Of Police

2021-12-02Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

H.C.P.(MD) No.1780 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN H.C.P.(MD) No.1780 of 2021 R.Kuralarasan ... Petitioner / Husband of the Detenu Vs.

1.The Superintendent of Police, Palani Town,Palani.

2.The Inspector of Police, All Women Police Station, Palani Town.

3.Mani ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner's wife, namely, Nivashini, D/o.Mani, aged 21 years or her body before this Court from the detention of the third respondent and set her at liberty. For Petitioner : Mr.S.Karpaga Saravana Priya For R1 and R2 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

S.VAIDYANATHAN, J.

And DR.G.JAYACHANDRAN, J.

This petitioner is the husband of the detenue, aged about 21 years. He claims that he married the detenue against the wish of her parents and therefore, she has been abducted by the third respondent and her whereabouts is not known.

2.The learned Additional Public Prosecutor would submit that the detenue had not been abducted by the third respondent, but she is with the third respondent/Mani, who is none other than the father https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1780 of 2021 of the detenue. Enquiry reveals that the petitioner and the detenue were known to each other since their college days and therefore, they eloped on 15.09.2021. However, on the next day, the girl has come back to her parents house and living with them. 3.Today, the girl was produced before this Court and this Court enquired the girl, who is alleged to be detained by the third respondent. From her answer, we are satisfied that she is not detained by the third respondent illegally and she is living with the father on her own and she repent of going with the petitioner herein.

4.Recording the same, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Superintendent of Police, Palani Town,Palani.

2.The Inspector of Police, All Women Police Station, Palani Town.

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

H.C.P.(MD)No.1780 of 2021 02.12.2021 NSN(CO) TR(14.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2