1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.349 of 2011 Chellapandi .. Petitioner .Vs. 1.The Sub-Inspector of Police, Chinnalapatti Police Station, Dindigul District. 2.The Superintendent of Police, Dindigul District, Dindigul. 3.Balasubramani 4.Kaliammal 5.Shantha @ Shanthalakshmi .. Respondents Petition filed under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpus directing the 1st and 2nd respondents to produce before this Court the body and person of the petitioner's daughter by name Shanmugapriya, D/o.Selvam, aged about 18 years, and set her at liberty. For Petitioner : Mr.R.R.Kannan For Respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 and R2 For Respondents 3 to 5 : Mr.G.R.Swaminathan O R D E R (Order of the Court was made by S.RAJESWARAN, J.) This Habeas Corpus Petition has been filed by the mother to trace her daughter by name Shanmugapriya, aged about 18 years, said to be missing from 14.04.2011. According to her, the third respondent has kidnapped the detenue and kept her under illegal custody. Since the complaint given to the Police has not been looked into by the respondent- Police, the above HCP has been filed. 2.On notice, the respondent-Police has produced the detenue- Shanmugapriya today. On enquiry, she disclosed that she is a major and she has married the third respondent in the month of March 2011 and they have been living happily. Only at the intervention of her parents, they have been taken to the police and brought before this Court. She also categorically states that she would like to continue her marital life with the third respondent only and she would not like to go along with the petitioner / her mother. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The third respondent, who is present before this Court, was also called and enquired. While admitting his marriage with the detenue, he submits that they have been living together happily and he would continue to maintain and keep her as his wife for ever. The statements of the detenue and the third respondent are recorded. 4.The petitioner is also present before this Court. She was called and appraised of these facts. The third respondent's mother, who is present before this Court was also called and advised to accept them and keep them well. She also agreed and stated that she wants them to be happy. 5.The petitioner, though not willing to send the girl along with the third respondent, she has to accept the same as the detenue is a major and has married the third respondent and taken a decision of her own to be with her husband/the third respondent herein. 6.Therefore, recording the statements made by the detenue, the third respondent and the third respondent's mother, this HCP is closed, as nothing further remains to be considered. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Sub-Inspector of Police, Chinnalapatti Police Station, Dindigul District. 2.The Superintendent of Police, Dindigul District, Dindigul. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to M/s.R.R.Kannan, Advocate, SR No.18642 + 1 cc to M/s.G.R.Swaminathan, Advocate, SR No.18939 H.C.P.(MD)No.349 of 2011 16.06.2011 KM RJ/28.6.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/