1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition(MD)No.182 of 2011 V.Kariya Gounder .. Petitioner Vs. 1.The Superintendent of Police, District Police Office, Trichy. 2.The Inspector of Police, Edamalaipatti Pudur Police Station, Trichy. 3.P.Murugan .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus to direct the 2nd respondent herein to produce the body of the detenu Kavitha, D/o. Kariya Gounder, W/o. P.Murugan, aged 30 years, before this Court and set her at liberty forthwith. For Petitioner : Mr.M.Suresh For Respondents : Mr.P.N.Pandidurai, Addl.Public Prosecutor for R1 and R2 Mr.C.Jeyaprakash for R3 O R D E R (Order of the Court was made by S.RAJESWARAN, J.) This HCP has been filed by the father of the detenue, to trace his daughter Kavitha who was married to the third respondent 12 years ago. They have two minor children by names Mahalakshmi aged about 10 years and Karthick, aged about 8 years. 2.According to the petitioner, from the date of marriage, there has always been misunderstanding between his daughter and the third respondent-husband, and the third respondent used to harass the daughter of the petitioner. A complaint was also preferred before the Vadamadurai All Women Police Station in this regard, where a compromise was effected and the petitioner's daughter and the third respondent shifted their residence to Edamalaipatti, Trichy District and were living https://hcservices.ecourts.gov.in/hcservices/ 2 separately. But the harassment by the third respondent continued unabated. Thereafter on 16.02.2011, the petitioner received a message through cell phone from the third respondent, that his daughter was found missing from the house. Since she did not come to the petitioner's house either, the petitioner made enquiries in all places including friends' and relatives' houses, but he could not find his daughter. Since the petitioner's daughter has been missing since 10.02.2011, he preferred a complaint before the second respondent-police. Since no action taken thereafter, the above HCP has been filed. 3.When the matter was taken up today, the learned counsel for the petitioner submitted that the daughter of the petitioner has come to the petitioner's house. It is the case of the petitioner that the third respondent had kept the detenue under illegal custody in an unknown place and from where, she had escaped on her own and reached the petitioner/father's house. 4.Both the petitioner and the detenue are present before this Court today. We have enquired the detenue-lady to know the facts and to ascertain her mind. She has stated clearly that due to harassment meted out by the third respondent/her husband, she could not live with him. Moreover, she adds that she was kept under illegal custody by the third respondent in an unknown place and tortured and that she had to escape from there risking her life and reached the house of the petitioner/her father. She has categorically stated that she is not willing to live with her husband any longer because of the continued harassment by him and she would go to her father's house / the petitioner herein. The petitioner, who is present is also ready to take her. 5.The third respondent-husband was also present before this Court. On enquiry, he submits that the detenue was in the habit of going out often and on account of the same there used to be frequent quarrel between them. 6.Admittedly, the detenue and the third respondent are not leading a peaceful life. She has come out voluntarily from the matrimonial home to be with her father. The minor children are with the third respondent. 7.In view of the fact that the detenue has reached the petitioner's house on her own, we do not find any reason to keep this HCP pending on the file of this Court any longer. Therefore, recording the fact that the detenue has reached the petitioner's house, who is none other than her father, this HCP is dismissed as no further orders need be passed. https://hcservices.ecourts.gov.in/hcservices/ 3 8.With regard to all other aspects, it is for the parties to approach the appropriate forum for appropriate orders. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, District Police Office, Trichy. 2.The Inspector of Police, Edamalaipatti Pudur Police Station, Trichy. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to Mr.M.Suresh, Advocate, SR.No.7566 KM rl/5c – 11.4.2011 HCP(MD)No.182 of 2011 22.03.2011 https://hcservices.ecourts.gov.in/hcservices/