1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2011 CORAM: THE HONOURABLE MR. JUSTICE S.RAJESWARAN and THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.406 of 2011 H.Mohamed Abbas ... Petitioner Vs. 1.State rep. by the Superintendent of Police, Theni District, Theni. 2.The Inspector of Police, Theni Police Station, Theni. 3.Karan 4.Murugesan 5.Singaram ... Respondents PRAYER: The Habeas Corpus petition is filed under Article 226 of the Constitution of India, Writ of Habeas Corpus by directing the respondents to produce the detenue namely Dilsath, aged about 17 years (minor) before this Court and hand over custody to the petitioner and pass such further and other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.S.M.A.Jinnah For R1 & R2 : Mr.C.Ramesh,APP For R3 : Mr.M.Karnanithi O R D E R (Order of this Court was made by S.RAJESWARAN,J.) This petition has been filed by the father to produce his minor daughter Dilsath, aged about 17 years, before this Court. According to him, she is the eldest daughter and she is studying Electronics and Communication Engineering. Earlier, the 3rd respondent kidnapped the daughter and on the complaint given, the 3rd respondent was remanded to custody and after coming out on bail, he filed the petition as if the petitioner has kept the detenue illegally. 2.Thereafter, the said Dilsath appeared before this Court and Expressed her willingness to join with the petitioner. Accordingly Dilsath was sent along with petitioner. Thereafter, once again the 3rd respondent has taken away his daughter on 24.05.2011. Since then, her whereabouts is not known. Complaint given to the Police was in vain. Hence, the above petition has been filed with the above said prayer. 3.On 23.06.2011 the 4th and 5th respondents appeared before this Court through counsel and the detenue has also appeared before this Court along with the 3rd respondent. On enquiry, the 3rd respondent clearly told https://hcservices.ecourts.gov.in/hcservices/ 2 us that she has gone out of the house voluntarily and got married the 3rd respondent and since the date of marriage, she has been living happily with him. 4.She further express her desire to go only along with her husband/the 3rd respondent and not with the petitioner/the father or any one of her relatives. 5.Since the petitioner was not present on that day, the case was directed to be posted today. 6.Today, instead of the petitioner, the petitioner brother Abubakkar was present before this Court through counsel. We called him and appraised him of all these facts. The detenue and her husband are also present before this court. Even today, the detenue made it very clear that she would go only along with the 3rd respondent and not with the petitioner/her paternal uncle. Her statement is recorded and the statement of the 3rd respondent that he would continue to live with the detenue is also recorded. The 3rd respondent's father is also present before this Court. 7.In view of the above submissions made by the detenue, who is a major, this petition is closed as nothing further remains to be considered in this petition. 8.Since it is reported by the detenue that her educational certificates are with the petitioner/her father. The brother of the petitioner, who is present before this Court, is hereby directed to handover all the Certificates and other documents including her Passport to the detenue at the earliest. The learned counsel appearing for the petitioner is to do the needful in this regard. ses/mpk Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni. 2.The Inspector of Police, Theni Police Station, Theni. +1 cc to Mr.S.M.A.Jinnah, Advocate SR.No.20381. H.C.P.(MD)No.406 of 2011 DateD:27.06.2011 2P/4C RPB 14.07.2011 https://hcservices.ecourts.gov.in/hcservices/