S.Mohammed Saleem v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Mohammed Saleem ... Petitioner -vs1. The State of Tamil Nadu, Rep. by the Commissioner of Police, Madurai City.
2. The Inspector of Police, Thirupparankundram Police Station, Madurai City.
3. Jabbar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondent Nos. 1 and 2 to secure the body or person of the detenue namely Sithi Januba aged about 18 years and to produce her before this Court and to set her at liberty.
For Petitioner :
Mr.A.Sheik Nasurdeen For Respondents :
Mr.A.Thiruvadikumar, Addl. Public Prosecutor for R1 & R2 M/s.K.Veni for R3
O R D E R
(Order of the Court was made by C.V.Karthikeyan, J.) The father of the petitioner has filed the present petition seeking a direction to produce the detenue. The detenue was born on 01.11.2006. she has crossed the age of 18 years and law presumes that she is in a position to take a decision on her own.
2. The detenue had been produced in Court along with the third respondent with whom voluntarily she had left her natural residence. She had been given in marriage to yet another individual, which took place on 17.08.2025. Within about three days after that marriage, she had taken a decision to move with the third respondent away from her marital house.
3. We enquired her and she was very firm in her decision that she would live only with the third respondent and would take appropriate steps with respect to the marriage, which had been conducted on 17.08.2025 between her and the other individual.
4. Since the detenue has taken a firm decision to go away with the third respondent and since the scope of this petition is only to ensure that the detenue is safe and produced, we would close this Habeas Corpus Petition. The issue, between the detenue and the individual with whom the marriage had conducted on 17.08.2025, will have to be dealt with in the manner known to law by the competent Court.
5. Accordingly, this Habeas Corpus Petition is closed. [C.V.K., J.] [R.V., J.] 09.09.2025 vsm NCC :Yes/No Index: Yes/No Internet: Yes/No
C.V.KARTHIKEYAN , J.
and R.VIJAYAKUMAR , J.
vsm To
1. The Commissioner of Police, State of Tamil Nadu, Madurai City.
2. The Inspector of Police, Thirupparankundram Police Station, Madurai City.
09.09.2025