1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.3.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.170 of 2011 M.Gnanaguru .. Petitioner vs. 1.The Superintendent of Police, O/o.the Superintendent of Police, Theni District. 2.The Inspector of Police, (Law & Order), Thenkarai Police Station, Periyakulam Taluk, Theni District. 3.Natarajan 4.Latha .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the Respondent Nos.1 and 2 to produce the person or body of Madhumathi, aged about 19 years, wife of the petitioner from the illegal custody of the third and fourth respondents before this Court and set her at liberty. For petitioner : Mr.K.A.S.Prabhu For respondents 1 & 2 : Mr.P.N.Pandidurai, Addl.Public Prosecutor For respondents 3 & 4 : Mr.A.K.Manickam ORDER (Order of the Court was made by S.RAJESWARAN,J) The petitioner has filed this Habeas Corpus Petition to trace his wife, Madhumathi, who is said to be missing from 20.02.2011. 2. According to the petitioner, he married Madhumathi/the detenue on 7.1.2011 at Arulmighu Subramaniya Swami Temple, https://hcservices.ecourts.gov.in/hcservices/ 2 Kumaravayaloor, Trichy and he was living with her. On 20.2.2011, when he was going to Trichy for his work, the third and fourth respondents viz., the parents of the detenue/his wife, kidnapped his wife without her consent, and she is said to be under the illegal custody of the third and fourth respondents since then. 3. A complaint was given to the first and second respondents but no action has been taken. In fact, on 8.1.2011, his wife has given a release deed to her family members relinquishing all her rights in the family. Hence, the above petition has been filed with the said prayer. 4. On notice, the respondent police, produced the detenue, Madhumathi, aged about 19 years and she came along with her parents/the third and fourth respondents herein. The petitioner is also present. 5. We have interviewed Madhumathi/the detenue to know her mind and she has stated very clearly that after her marriage with the petitioner, she was living with him for some time and her parents had come and taken away her from her matrimonial home against her wish. Though she has been presently living with her parents, according to her, she is living there against her wish and consent. Moreover, she is very clear and in fact adamant that she wants to get out of her parents place to live with the petitioner whom she claims as her husband. 6. The parents of the detenue were also enquired by us to know their mind. Though they want their daughter/detenue to be with them, the detenue is very adamant and assertive that she would like to go only with the petitioner. 7. We also talked to the petitioner to know his status and his mind. Though he is not educated, he claims to be working as a driver in a private lorry and he is eking out his livelihood from the income he derives from that. His uncle and aunt are also present today. While admitting the marriage of the petitioner with the detenue, they submit that they would take care of the detenue well. 8. Considering the totality of the facts and circumstances of this case, we are of the considered view that the girl/detenue being a major and claims to be the wife of the petitioner, and wants to go only with the petitioner and not with the parents, the detenue will have to be set at liberty as she is very particular in going and living with him. Therefore, after advising the parents of the detenue, and all the parties concerned, we are setting at liberty, the detenue/Madhumathi. The petitioner is advised to take care of the detenue and live with her happily as she has come out on her own to live with him. https://hcservices.ecourts.gov.in/hcservices/ 3 9. In the result, the Habeas Corpus Petition is allowed. The detenue is set at liberty to be sent along with the petitioner. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, O/o.the Superintendent of Police, Theni District. 2.The Inspector of Police, (Law & Order), Thenkarai Police Station, Periyakulam Taluk, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD)No.170 of 2011 29.03.2011 (asvm) SMA/27.4.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/