1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) No.364 of 2011 Vimalakumar, S/o.Christopher ..Petitioner Vs. 1.The Superintendent of Police, Office of the Superintendent of Police, Trichy. 2.The Sub-Inspector of Police, Kallakudi Police Station, Trichy District. 3.A.Robert, S/o.Arockiam 4.Agastinal, W/o.Robert ..Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the body of the detenue, namely Suriya, D/o.Robert, aged 18 years, before this Court and set her at liberty. For Petitioner :Mr.A.C.Asaithambi For Respondents-1 & 2:Mr.C.Ramesh, Addl.Public Prosecutor. O R D E R (Order of the Court was made by S.RAJESWARAN,J) This petition has been filed by the petitioner/husband to trace out his wife Suriya, D/o.Robert, aged about 18 years, said to have been married to him on 21.01.2011 at Vellanganni. 2.Since detenue was a minor at the time of marriage, on the complaint given by the detenue's father, a case was registered against the petitioner by the 2nd respondent police and he was arrested and remanded to judicial custody and the detenue was taken by her father, the 3rd respondent herein. Thereafter, the petitioner was released on bail on the ground that the detenue was a major. When the petitioner went to the house of the 3rd respondent and enquired about his wife, the 3rd respondent gave evasive reply. On enquiry, the petitioner came to know that the detenue is under the illegal detention of respondents 3 and 4 against her wish. The petitioner was not able to contact his wife. Hence, this petition has been filed for the aforesaid relief. 3.Today, the 2nd respondent police have produced the detenue Suirya before this Court. The detenue was interviewed by us and she told that she is a major and she wants to live only with the petitioner, whom she married on 21.01.2011. The petitioner, who is https://hcservices.ecourts.gov.in/hcservices/ 2 present before this Court, has also accepted his marriage with the detenue. The parents of the petitioner, who are present before this Court, have admitted the marriage of his son with the detenue and they also agreed to accept the girl and keep her well. 4.In view of the detenue's presence before this Court and her statement to live only with the petitioner/husband and she being a major, nothing further remains to be considered in this petition, except setting the detenue at liberty to go with her husband/the petitioner. Accordingly, this petition is closed, setting the detenue at liberty. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To: 1.The Superintendent of Police, Office of the Superintendent of Police, Trichy. 2.The Sub-Inspector of Police, Kallakudi Police Station, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. gb SR : 01.07.2011 : 2p/4c Order in HCP(MD)No.364/2011 Dated:23.06.2011 https://hcservices.ecourts.gov.in/hcservices/