IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 15.12.2009 Coram The Honourable Mr. Justice M.CHOCKALINGAM and The Honourable Mr. Justice PERIYA KARUPPIAH Habeas Corpus Petition No.2265 of 2009 M.Thangaraj .. Petitioner ..vs.. 1. The Superintendent of Police, Namakkal. 2. The Deputy Superintendent of Police, Namakkal. 3. The Inspector of Police, Senthamangalam Police Station, Namakkal District. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents to cause the production of T.Divya (21 years) the daughter of the petitioner, before this Court and set her at liberty. For Petitioner : Mr.R.Ezhilarasan For Respondents : Mr.V.R.Balasubramanian Addl.P.P., ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) Invoking the Writ jurisdiction of this Court, the petitioner, namely, Thangaraj, has filed this petition for issuance of a Writ of Habeas Corpus, for production of his daughter, namely, Divya, aged about 21 years. 2. The affidavit filed in support of the petition is perused. The Court heard the learned counsel for the petitioner. The case of https://hcservices.ecourts.gov.in/hcservices/ the petitioner is that his daughter Divya, aged about 21 years, was doing B.C.A., Final Year in a college at Thiruchengode; that on 13.11.2009 when she went to the college, she did not return; that immediately he rushed to the respondent police station and gave a complaint, but they refused to take the complaint on file; that thereafter, he came to know that one Raja, son of Subramaniam, has married his daughter; that even though the same was brought to the notice of the police, instead of taking action against the said Raja, they insisted the petitioner to give an undertaking that he should not interfere with the marital life of his daughter; under such circumstances, he apprehended that the life and safety of his daughter is in danger in the hands of Raja and hence, he was forced to file this hebeas corpus petition before this Court. 3. When the matter was taken up for enquiry, the respondents police produced the alleged deteue Divya and she is also enquired by the Court. According to her, she was born on 21.08.1989; when she was doing her third year B.C.A., in the college at Tiruchengode, she fell in love with Raja, son of Subramaniam and the marriage was taken place in a temple at Vennandhur on 08.11.2009 and the same was registered before the Sub Registrar, Veerapandi and now they are living together; on coming to know that he belongs to a different community, her father has been making attempts to disturb their marital life and her family members were threatening to eliminate both of them. Further, she has also filed a letter before this Court as to the above fact and she requests that proper protection has to be given to them. 4. The said Raja, son of Subramaniam is also present and is also enquired by the Court. He would submit that the marriage between him and the alleged detenue has taken place on 08.11.2009; that both of them are living together and that since he belongs to a different community, an attempt was made to disturb their marital life. 5. After hearing both sides, the Court is of the considered opinion that it is a fit case where no relief could be granted in this habeas corpus petition for the reason that according to the detenue, she is a major and her marriage with one Raja has taken place on 08.11.2009 and the same was registered on 13.11.2009 and both of them are living together. Under such circumstances, neither the issuance of a Writ of Habeas Corpus nor the custody of the alleged detenue could be ordered. Apart from the above, since it is brought to the notice of the Court that she is being threatened by the petitioner and his family members, the respondents are directed to give necessary protection, if any circumstances warrant so. https://hcservices.ecourts.gov.in/hcservices/ With the above observation, the habeas corpus petition is disposed of. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar gl To 1. The Superintendent of Police, Namakkal. 2. The Deputy Superintendent of Police, Namakkal. 3. The Inspector of Police, Senthamangalam Police Station, Namakkal District. 4. The Public Prosecutor, High Court, Madras. + 1 cc to Mr.R.Ezhilarasan, Advocate, SR 68635 Order in H.C.P. No.2265 of 2009 KJI (CO) RH (5.1.10) https://hcservices.ecourts.gov.in/hcservices/