V.Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR V.Kumar ... Petitioner -vs1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Madurai District, Madurai.
2. The State of Tamilnadu, Rep. by the Sub-Inspector of Police, Silaiman Police Station, Madurai District.
3. V.Maheswaran @ Saran
4. The Inspector General of Registration, Chennai.
(R4 is Suo Motu Impleaded as per order of this Court Dated 11.09.2025 in HCP.(MD).No.1099 of 2025) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenue namely K.Muthulakshmi,
D/o.V.Kumar aged about 22 years from the illegal custody of the 3rd respondent herein before this Court and set her at liberty based on the petitioner's representation dated 30.08.2025. For Petitioner : Mr.M.Sathiamoorthy For Respondents :
Mr.A.Thiruvadikumar, Addl. Public Prosecutor for R1 & R2 Mr.S.R.A.Ramachandran, Addl. Govt. Pleader for R4
O R D E R
(Order of the Court was made by C.V.Karthikeyan, J.) We had impleaded the Inspector General of Registration, Chennai to examine the genuinity of the marriage certificate issued for the detenue. We had noted that the marriage had been formalized by the Registration Department, North Joint I, Coimbatore. The certificate had also been issued through the Marriage Registrar, District Registrar's Office at Coimbatore.
2. A report had been forwarded by the Sub-Registrar, North I, Coimbatore, wherein he had stated that the marriage had been registered
after following due procedure as enunciated by law. It had been stated that after verifying the age of both the bride and groom and also examining their voluntariness to enter into the marital relationship, the marriage was registered in accordance with the rules and after receiving proper documents relating to their age, a certificate thereafter has been issued. It had been conducted under Rule 5(1) of the Tamil Nadu Hindu Marriage (Registration) Rules 1967, and Section 7A of the Hindu Marriage Act, 1955. The copy of the marriage certificate had also been forwarded to the learned counsel for the petitioner. We have to hold that the detenue is not in unlawful custody. Since, prima facie the marriage certificate shows the factum of marriage, we would close this Habeas corpus petition.
3. Accordingly, the Habeas Corpus petition stands closed. [C.V.K., J.] [R.V., J.] 18.09.2025 vsm NCC :Yes/No Index: Yes/No C.V.KARTHIKEYAN , J.
and R.VIJAYAKUMAR , J.
vsm To 1.The Superintendent of Police, Madurai District, Madurai.
2. The Sub-Inspector of Police, Silaiman Police Station, Madurai District.
3. The Inspector General of Registration, Chennai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
18.09.2025