IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30-3-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.458 of 2010 Palaniammal .. Petitioner vs 1.The State by: The Inspector of Police All Women Police Station Rasipuram Salem District. 2.The Superintendent of Police Namakkal District Namakkal 3.The Inspector of Police Thammampatty Police Station Gangavalli Taluk Salem District .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the respondents to cause production of the body and person of petitioner's daughter P.Sudha, aged about 26 years, daughter of Parimannan before this Court and set her at liberty. For Petitioner : Mr.K.Anbarasan For Respondents : Mr.V.R.Balasubramanian Additional Public Prosecutor Mr.R.Marudhachalamurthy for detenue ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) This petition for a writ of habeas corpus is brought forth by Mrs.Palaniammal alleging that her daughter Sudha was found missing a few days prior to the marriage which was scheduled to take place on 22.5.2010, at Tiruchengode; that at that time, she was invited by one https://hcservices.ecourts.gov.in/hcservices/ Selvi as a guest; that subsequently, she did not return; that enquiries were made; that thereafter she gave a complaint to the second respondent on 3.3.2010; that she came to know that one Murugesan has kidnapped her for unlawful gain and she is detained illegally, and since no steps were taken by the police, she came forward with this petition for a writ of habeas corpus. 2.The matter was adjourned to this day for the production of the alleged detenue. She is present in Court. She has also filed an affidavit. The averments therein are also looked into. She is also enquired by the Court. According to her, she was born on 1.5.1983, and she went with one Murugesan on her own will and married him on 22.3.2010, at Sivaneswarar Temple at Salem, and the same has also been registered on 24.3.2010, and now she is living with him at Thammampatty, and neither she is detained nor it was against her will, and she is not willing to go with her mother, the petitioner herein, but she wants to live with her husband the said Murugesan. 3.The statement of the detenue is recorded. The specific case of the petitioner is that her daughter was originally found missing, and then she came to know that she was kidnapped by the said Murugesan. On the contrary, it is now stated by the alleged detenue that she went on her own volition and voluntarily and married the said Murugesan on 22.3.2010. It is not in controversy that she was born on 1.5.1983, and now she is 26 years old, and thus she is a major. Once the allegations what are found therein as to the kidnapping and illegal detention are found contra and she is also living with her husband after the marriage is over, the request of the petitioner for issuance of a writ of habeas corpus does not arise for consideration. Accordingly, this petition is dismissed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar nsv To: 1.The Inspector of Police All Women Police Station Rasipuram Salem District. 2.The Superintendent of Police Namakkal District Namakkal https://hcservices.ecourts.gov.in/hcservices/ 3.The Inspector of Police Thammampatty Police Station Gangavalli Taluk Salem District 4.The Public Prosecutor High Court, Madras. +1 C.C. to Mr.K. ANBARASAN Advocate, Sr.No.21290 HCP No.458 of 2010 Dt: 30-3-2010 TRM-CO KV- 09/04/2010 https://hcservices.ecourts.gov.in/hcservices/