IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:20.06.2008 CORAM: THE HON'BLE MR.JUSTICE M.CHOCKALINGAM AND THE HON'BLE MR.JUSTICE S.PALANIVELU HCP.NO.808 OF 2008 Vasanthakumar ...Petitioner Vs. 1.The State, represented by the Inspector of Police, Karimangalam Police Station, Dharmapuri District. 2.K.Govindasamy, ...Respondents This Habeas Corpus Petition filed under Article 226 of the Constitution of the India for a direction directing the respondents to produce the detenue Deepa, wife of Vasanthakumar,before this Court and set her at liberty. For Petitioner : Mr.R.Sankarasubbu For Respondent No.1: Mr. Babu Muthu Meeran Additional Public Prosecutor. O R D E R (Order of the Court was made by M.CHOCKALINGAM,J) Invoking the writ jurisdiction of this Court, the petitioner one Vasanthakumar has made this petition alleging that his wife the alleged detenue was forced to taken by the second respondent, the father of the detenue, that the marriage between himself and his wife has taken place on 28.5.2008 at Salem, the same was also registered and when they were proceeded to their native place, they were intercepted by the parents of the detenue and the girl was forcibly taken by the second respondent. Under such circumstances, he gave a complaint to the first respondent Police Station and the case was registered in Crime No.707/2008 under Section 363 IPC, but https://hcservices.ecourts.gov.in/hcservices/ no steps have been taken by the respondent police. Under such circumstances, this petition has been brought forth by the petitioner before this Court. 2. On the last occasion, learned counsel for the State has informed to this Court that the matter was adjourned for the purpose of securing and producing the detenue before the Court. This day, the detenue was produced before this Court. The petitioner is also present. The second respondent along with his wife is also present. 3. The Court enquired the alleged detenue Deepa. According to her, she was born on 5.7.1988 and she is 19 years old. She has completed a graduation and marriage has taken place between herself and the petitioner on 28.5.2008 at the Sub Registrar Office at Salem and when they were proceeding towards their Native place, on the way they were intercepted at Kariamangalam and the detenue was taken by the parents and now she is with the parents. She is willing to live with the petitioner, the husband of the detenue and the statement of the detenue is recorded. The father of the detenue is also enquired. After doing so, this Court is of the considered opinion that she is admittedly born on 5.7.1988, that she is 19 years old, that the marriage between herself and the petitioner took place on 28.5.2008 and the same was also registered. Since she is a major and she is not willing to go with the parents and she wants to go with the husband, there is no question of handing over the custody of the detenue to the second respondent-father and hence she is at liberty. The Habeas Corpus Petition is dismissed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. VJY To 1.The Inspector of Police, Karimangalam Police Station, Dharmapuri District. 2. The Public Prosecutor, High Court, Madras 1 cc to Mr.R.Sankarasubbu, Advocate, sr. 31107 HCP.No.808 OF 2008 SGL (CO) kk 2/7 https://hcservices.ecourts.gov.in/hcservices/