1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2011 CORAM: THE HONOURABLE MR. JUSTICE S.RAJESWARAN and THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.218 of 2011 P.Jeyaraman ... Petitioner Vs. 1.The Superintendent of Police, Madurai Rural, Madurai. 2.The Inspector of Police, Y.Othakadai Police Station, Madurai District. ... Respondents PRAYER: The Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body of the detenue minor Nagajothi daughter of Jeyaraman aged about 17 years before this Court and handover the custody to the petitioner. For Petitioner : Mr.Peter Ramesh Kumar For Respondents : Mr.P.N.Pandidurai,APP ORDER (Order of this Court was made by G.M.AKBAR ALI,J.) This petition has been filed by the petitioner to trace his daughter viz., Nagajothi, who is said to be missing. 2.According to the petitioner, his daughter is aged about 17 years. He strongly suspects that one Mappillaichamy, Puli, Kali, Ayyankalai, Kannadhasan and Murugan had kidnapped the detenue and kept her in illegal custody. A complaint was given by the petitioner to the respondent Police has not been taken serious note of. Hence, he filed this petition for the aforesaid relief. 3.When the matter came up for hearing on 18.04.2011 the learned Additional Public Prosecutor submitted that the detenue has gone out of the house on her own and married and she also sent her photographs along with a latter to the respondents Police. Hence, this matter was referred to Medication and Conciliation center attached to this Bench for mediation. Before the Medication Center the petitioner, the detenue viz., Nagajothi and her husband one Kalimuniswaran have appeared. Before the Mediation Center the detenue being a minor refused to go with the petitioner father. https://hcservices.ecourts.gov.in/hcservices/ 2 Hence, the matter is posted before this Court. 4.Today, the detenue appeared before this Court along with her husband Kalimuniswaran. The parents of the detenue are also present before this Court. 5.We enquired the detenue to ascertain her mind. She states that she married the said Kalimuniswaran. Further, she adds that she is now pregnant and would not go along with the parents and she would like to go only with her husband. We enquired the petitioner and the parents of the detenue. 6.Even though the petitioner has not crossed 18 years of age and is still a minor, her date of birth being 28.05.1993, yet, she has married the said Kalimuniswaran and lived with him for some time and, what is more, she is now pregnant. Since her husband, viz., Kalimuniswaran is her legal guardian, the girl is entitled to accompany her husband to matrimonial house. 7.In 2003(2) LW (Crl.) 89 J.S. (Kumari (minor) rep.by the Registrar General, High Court, Madras Vs. The Inspector of Police, Vyasarpadi and another), this Court has held as follows: "This case was taken up on the telegram sent by the girl viz., Kumari. We sent for the parties. The girl Kumari, who is described as the petitioner herein, her husband Kumaresan, her mother-in-law Smt.Mallika and parents viz., Thiru K.Venkatesalu and Tmt.Savithri and present. We examined the girl independently and also along withher husband, mother-in-law and parents. She unequivocally states that she wants to stay only with her husband. Her husband and mother-in-law also support her statement. Even though the petitioner has not crossed 18 years of age and is still a minor, her date of birth being 02.08.1986, yet, she has married the said Kumaresan and lived with him for some time and, what is more, she is now 20 weeks pregnant, as certified by the Superintendent of Government Kasturba Gandhi Hospital for Women and Children, Chennai. Since her husband, viz., Kumaresan is her legal guardian, the girl is entitled to accompany her husband to matrimonial house. 2.In the above circumstances, the Writ petition is disposed of, allowing the petitioner i.e., Kumari, daughter of K.Venkatesalu to go along with her husband R.Kumaresan. If the petitioner wants to visit her parents, she is entitled to do so, by informing the Member Secretary, Tamil nadu Legal Services Authority. Likewise, if the parents of the petitioner want to visit their daughter, they may also do so, by making an application to the Member Secretary, Legal Services Authority, who will take necessary steps thereon, depending upon the circumstances." https://hcservices.ecourts.gov.in/hcservices/ 3 8.In view of the above, this petition is disposed of allowing the detenue Nagajothi to go along with her husband Kalimuniswaran. If the detenue Nagajothi wants to visit her parents, she is entitled to do so, by informing the member Secretary, Tamil Nadu Legal Services Authority. Likewise, if the parents of the detenue want to visit their daughter, they may also do so, by making an application to the Member Secretary, Legal Services Authority, who will take necessary steps thereon, depending upon the circumstances. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar TO 1.The Superintendent of Police, Madurai Rural, Madurai. 2.The Inspector of Police, Y.Othakadai Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to: The Member Secretary, Legal Services Authority, Madurai Bench of Madras High Court, Madurai H.C.P.(MD)No.218 of 2011 19.04.2011 nbj SMA/11.8.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/