1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) No.388 of 2011 S.Darwin ..Petitioner Vs. 1.The Commissioner of Police, Tirunelveli City, Kokkirakulam, Tirunelveli. 2.The Assistant Commissioner of Police, Palayamkottai, Perumalpuram, Tirunelveli District. 3.The Inspector of Police, Perumalpuram Police Station, Perumalpuram, Tirunelveli District. 4.P.Xavier Raj .. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the Inspector of Police, Perumalpuram Police Station, Perumalpuram, Tirunelveli District, the 3rd respondent herein, to produce the detenue X.Lydia, aged 20 years, W/o.S.Darwin, before this Court and set her at liberty. For Petitioner :Mr.G.Aravinthan For Respondents :Mr.C.Ramesh, 1 to 3 Addl.Public Prosecutor. For Respondent-4 : Mr.A.Balaguru O R D E R (Order of the Court was made by S.RAJESWARAN,J) This petition has been filed by the husband to trace- out his wife X.Lydia, aged 20 years, said to be under the illegal custody of the 4th respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 2.By our order dated 27.06.2011, we directed the Assistant Commissioner of Police concerned, Tirunelveli City, to enquire into the matter in respect of the Marriage Registrar by name NY.R.Raj. The Assistant Commissioner of Police concerned enquired into the matter and filed a counter affidavit revealing the fact that the said Raj is a certified Marriage Registrar as per Section 7 of the Indian Christian Marriage Act, 1872 and a copy of the Government Order in G.O.Ms.No.925, Home (Courts.IV) Department, dated 25.08.2000, has also been produced before this Court to show that the said Raj has been appointed as a Marriage Registrar by the Government. Thus, the genuineness as to the said Marriage Registrar has been verified by the police department. 3.Therefore, nothing further remains to be considered in this petition and the same is closed as already the detenue girl has opted to go along with the 4th respondent/her father. Even in the last hearing, the petitioner was present and he was suitably advised not to interfere with the life of this detenue as she has totally denied the alleged marriage and any relationship with the petitioner. In fact, the detenue, who was present before this Court with her parents, pleaded before this Court to give suitable direction to the petitioner to stay away from her and her family as they have been constantly disturbed by the petitioner. Sd/- Deputy Registrar (Accts.) /True Copy/ Assistant Registrar To: 1.The Commissioner of Police, Tirunelveli City, Kokkirakulam, Tirunelveli. 2.The Assistant Commissioner of Police, Palayamkottai,Perumalpuram, Tirunelveli District. 3.The Inspector of Police, Perumalpuram Police Station, Perumalpuram, Tirunelveli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Gb ssk/13.07.2011 /5c-2p/- Order in HCP(MD)No.388/2011 Dated:29.06.2011 https://hcservices.ecourts.gov.in/hcservices/