IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.03.2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.210 of 2010 Jaffer Hussain ..Petitioner Vs. 1. Commissioner of Police, Commissioner's Office, Egmore, Chennai – 8. 2. Assistant Commissioner of Police, Vadapalani Range, Chennai. 3. Inspector of Police, Ashok Nagar Police Station, Ashok Nagar, Chennai. 4. Inspector of Police, Virugambakkam Police Station, Virugambakkam, Chennai. 5. Arumugham . Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents to produce the body of the petitioner's wife Ms.Senthamil Selvi @ Shameera now under the custody of the fifth respondent before this Court and set her at liberty forthwith. For Petitioner : Mr.A.Ganesh For Respondents : Mr.N.Balasubramanian, A.P.P. for R1 to R4. O R D E R (The order of the Court was made by M.CHOCKALINGAM, J.) Invoking the writ jurisdiction of this Court, one Jaffer Hussain has brought forth this petition to issue a writ of Habeas Corpus for the production of his wife by name Senthamil Selvaraj @ Shameera. https://hcservices.ecourts.gov.in/hcservices/ 2. The petitioner is present before this Court along with the alleged detenue Senthamil Selvaraj @ Shameera. The case of the petitioner is that he and the detenue fell in love with each other for nearly about 5 years and they got married on 21.12.2009 at Lajunathul Irshaad Muslim Association (Jamath) situated at Mannady, Chennai. They were living together and leading a happy life. While the matter stood thus, the family members of the detenue adopted dilatory tactics to take her from her matrimonial home. Accordingly, the detenue was taken on 24.12.2009 by her brothers under the guise that her mother was not doing well. She could not come out from there for more than two months as she was forcibly kept there. Under such circumstances, it became necessary for the petitioner to approach the Police. Since the Police could not rescue her, the petitioner has come forward with this petition before the Court seeking to issue a writ of Habeas Corpus. 3. This day, when the matter is taken up for enquiry, the petitioner appeared before the Court along with the alleged detenue, Senthamil Selvaraj @ Shameera. She is also enquired. 4. According to the detenue, she is 26 years old. She is a post graduate in Fisheries. It is true that she married the petitioner on 21.12.2009 before Lajunathul Irshaad Muslim Association (Jamath) and lived together. It is true that she was informed by her brothers that her mother was not doing well and hence, she was taken to her parental home. She stayed there for two months and now, she joined her husband and she is before this Court. 5. From the submissions made, it is quite clear that originally, the detenue, who was a Hindu, has converted to Muslim and married the petitioner on 21.12.2009 before Lajunathul Irshaad Muslim Association (Jamath) and they were living together. She has been in her parental home for two months and now, she has joined with her husband. She is aged 26 years. Hence, she is a major. The statement made by the detenue is recorded and she is set at liberty. 6. It is brought to the notice of this Court by the learned counsel for the petitioner that the detenue is apprehending danger in the hands of her brothers and close relatives of her parents. In view of the request made and considering the facts and circumstances of the case stated above, this Court is of the opinion that it is a fit case where protection has to be given. Accordingly, the Assistant Commissioner of Police, Vadapalani is directed to provide necessary police protection to the petitioner and Senthamil Selvaraj @ Shameera whenever it is brought to the notice and if the circumstances warrant so. https://hcservices.ecourts.gov.in/hcservices/ 7. Accordingly, the Habeas Corpus Petition is disposed of. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar vsi To 1. The Commissioner of Police, Commissioner's Office, Egmore, Chennai – 8. 2. The Assistant Commissioner of Police, Vadapalani Range, Chennai. 3. The Inspector of Police, Ashok Nagar Police Station, Ashok Nagar, Chennai. 4. The Inspector of Police, Virugambakkam Police Station, Virugambakkam, Chennai. 5. The Public Prosecutor, High Court, Chennai. H.C.P.No.210 of of 2010 RSN(CO) EM/10.3.10 https://hcservices.ecourts.gov.in/hcservices/