P.Sudharsan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR JUSTICE SUNDER MOHAN P.Sudharsan ... Petitioner -vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Police Station, Madurai.

3.Mitcharaja 4.Paulraj 5.Palani 6.Pavunraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, directing the respondents 1 & 2 to secure and produce the 1/5

body or person of the petitioner's wife/detenue namely Niranjana W/o.P.Sudharsan (Petitioner's wife) aged about 22 years and produce her before this Court and set her at liberty.

For Petitioner : Mr.V.Karuna For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R3 : Mr.N.Mohideen Basha for Mr.P.Chandrasekar

O R D E R

DR.G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

The petitioner claiming that the detenue Niranjana, aged 22 years fell in love with him and they got married on 07.10.2022 at Ammachiamman Temple, Chinnasemettupatti at Usilampatti Taluk as per the Hindu Rites and Customs in the presence of his friends. Subsequently, the marriage was registered on 10.10.2022 before the District Registrar Office, Dindigul. The father, mother and uncle of the petitioner are the witnesses to the Registration. It is alleged that on 13.10.2022 the respondents 3 to 6 and unnamed 15 persons illegally trespassed 2/5

into the sister's house of the petitioner and abducted his wife. After lodging the complaint, the present Habeas Corpus Petition is filed.

2. The respondent police has secured the detenu and produced before this Court. This Court interacted with the detenue, petitioner and the parents of the the detenu. The detenue admits that she was left with the petitioner and got married and while she was staying with her husband's sister's house, she was forcibly taken by her parents and relatives. She expressed her willingness to go along with the petitioner/husband. Being a major and has taken a decision to marry the petitioner, this Court order that the detenu to be set at liberty from the custody of the respondents 3 to 6. Accordingly, she is at liberty to choose her way of life.

3. In view of the above, this Habeas Corpus Petition is disposed of. [G.J.,J.] [S.M.,J.] Index : Yes / No 19.12.2022 Internet : Yes / No am 3/5

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Police Station, Madurai.

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

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DR.G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

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