1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.300 of 2011 V.Nagalingam .. Petitioner vs. 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, Anna Nagar Police Station, Madurai – 625 020. 3.The Superintendent of Police Kanyakumari District at Nagercoil. 4.The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District. 5.Ajim Alim Malick .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 to 4 herein to produce the body and person of Uma Maheswari, aged 25 years, d/o. V.Nagalingam, from the illegal custody of 5th respondent before this Court and set her at liberty. For petitioner : Mr.M.Chokkalingam For respondents 1 to 4: Mr.P.N.Pandidurai Addl.Public Prosecutor For 5th respondent : Mr.S.M.A.Jinnah ORDER (Order of the Court was made by S.RAJESWARAN,J) The petitioner is the father of the detenue. Uma Maheswari, who has completed B.Com and doing C.A. Course, found missing from 6.4.2011. He gave a complaint to the second respondent. Since no steps were taken by the respondent police, the above petition has been filed. 2. The case of the petitioner is that she is said to have gone along with the fifth respondent and her whereabouts are not known. His attempts to find her are in vain. 3. Today, the detenu along with the fifth respondent appeared before this Court through a counsel. 4. The fifth respondent is a muslim and the detenue is a Hindu. The detenue got married to him and converted herself into Islam and she has also changed her name as Aisha Siddiq. She has stated that she has https://hcservices.ecourts.gov.in/hcservices/ 2 been happy with the fifth respondent and his family and she does not want to go with her parents nor talk to any one of her parents or the relatives. 5. The mother of the detenue is present before this Court and she was enquiried by us. Though he wanted to talk with the detenue, the detenue bluntly refused to talk with her and told her mother that she does not want to be disturbed by them. 6. The detenue is clear and adds that she wants to live only with the fifth respondent and she does not want to go along with any one else. 7. The fifth respondent is also present before this Court. He is also called and interviewed by us. While admitting his marriage with the detenue, he stated that the detenue converted into Islam only on her free will and with her consent and knowledge. He is ready to take her with him to Dubai where he has been working as Software Engineer. It is also stated by the fifth respondent that his parents have accepted their marriage and they are treating her well. This is admitted by the detenue also. 8. In view of the above facts, and the detenue being a major girl appeared before this Court and admitted the marriage and expressed her desire to be with the fifth respondent, it is to be taken that she is not under illegal detention of any one much less the fifth respondent. 9. Recording the statement of the detenue and the fifth respondent, the Habeas Corpus Petition is closed and nothing further remains to be considered. Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, Anna Nagar Police Station, Madurai – 625 020. 3.The Superintendent of Police Kanyakumari District at Nagercoil. 4.The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.S.M.A.Jinnah, Advocate, SR No.14854 H.C.P.(MD)No.300 of 2011 25.04.2011 (asvm)/RJ/24.5.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/