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 Habeas Corpus Petition (MD) No.416 of 2011 K.V.Surendran .. Petitioner Vs. 1.The Superintendent of Police, Theni District. 2.The Inspector of Police, Andipatti Police Station, Theni District. 3.Vinothkumar, S/o.Dhanuskodinadar 4.Ravi,S/o.Panidnadar 5.Balamani, W/o.Pandinadar .. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the detenue, namely Niza, aged about 19 years, before this Court and set her at liberty forthwith. For Petitioner :Mr.J.Senthilkumar For Respondents-1 & 2 :Mr.C.Ramesh, Addl.Public Prosecutor. For Respondents 3 to 5 : Mr.N.Dilip Kumar O R D E R (Order of the Court was made by S.RAJESWARAN,J) The petitioner is the maternal uncle of the detenue Nisha, aged about 19 years, doing Engineering Course. He has filed this petition for production of the detenue, said to have been kidnapped by respondents 3 to 5. 2.According to the petitioner, on 04.04.2011 there was a betrothal function between the petitioner and the detenue. After the betrothal function, the detenue went to the college and thereafter she was found missing. On enquiry, it was revealed that she was kidnapped by respondents 3 to 5. A complaint was given to the 2nd respondent police and the same was registered in Crime No.223 of 2011. Even then, the whereabouts of the detenue was not known. Hence the above habeas corpus petition has been filed. 3.On notice, respondents 3 to 5 have entered appearance through counsel and filed a counter affidavit. According to the counter, the detenue has married the 3rd respondent on her own volition on 21.04.2011 and the marriage has also been registered with the Registrar of Marriages, Dindigul. According to respondents 3 to 5, the petitioner is the maternal uncle of the detenue and because a marriage was arranged by the parents of the detenue against her wish with the petitioner, she left the house and got married to the 3rd respondent. In support of this, the detenue has also filed a supporting affidavit reiterating the above facts. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The petitioner is not present before this Court, as he is reported to be ill. However, the detenue's father and mother are present before this Court. The petitioner is the detenue's mother's own brother. The detenue, along with the 3rd respondent, are present before this Court. On enquiry, the detenue told us that she has married the 3rd respondent on her own, when her parents arranged marriage with her material uncle/the petitioner herein against her will. She also told us that she would like to live only with the 3rd respondent/her husband and not to go with the petitioner or her parents. The 3rd respondent, who is present before this Court, while admitting the marriage with the detenue, would also told us that he would like to continue his life with the detenue. He further stated that his parents have also accepted the detenue as their daughter- in-law. The statements of the detenue and the 3rd respondent are recorded. 5.Though the detenue was made to talk with her parents, who are present before this Court, she did not want to go along with them and she made it clear that she would like to go only with the 3rd respondent. We also enquired the parents of the detenue. The father of the detenue admitted that their daughter is not prepared to come along with them. 6.In the light of the above facts, while setting the detenue at liberty, this petition is dismissed. Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Registrar(CS) To: 1.The Superintendent of Police, Theni District. 2.The Inspector of Police, Andipatti Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.N.Dilipkumar, Advocate, SR.No.20474 gb Order in HCP(MD)No.416/2011 Dated:27.06.2011 TR : 05.07.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/