1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION(MD).No.1040 of 2011 P.Ravi : Petitioner Vs. 1.The Deputy Superintendent of Police, Thoothukudi District, Thoothukudi. 2.The Inspector of Police, Murappanadu Police Station, Thoothukudi District. 3.M.Jebaraj : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to direct the second respondent to produce the body of the petitioner's daughter, namely, Pandiselvi, aged about 17 years, before this Court and hand over the custody to the petitioner. For Petitioner : Mr.A.Rajaram For Respondents 1&2 : Mr.A.Ramar, Additional Public Prosecutor For Respondent 3 : Mr.V.Thirumal O R D E R [Order of the Court was made by S.NAGAMUTHU, J] The petitioner is the father of one Pandiselvi. According to the petitioner, she has been found missing from 21.09.2011 onwards. In this regard, she preferred a complaint on 24.09.2011 to the second respondent police. According to the petitioner, he has got a suspicion that the detenue would have eloped with the third respondent herein and she must be under his illegal detention. In those circumstances, the petitioner has come up with this Habeas Corpus Petition seeking a direction to respondents 1 and 2 to produce the detenue before this Court and set her at liberty. 2. Today, the second respondent has produced the detenue. The Secondary School Leaving Certificate of the detenue has also been produced. According to the said Certificate, her date of birth is 11.05.1993 and as such, she is a major. The third respondent is represented by the learned counsel, Mr.V.Thirumal. He would submit that the detenue is not under the illegal custody of the third respondent. He would further submit that the detenue is a major and that she married the third respondent on 25.09.2011 and now, she is living with him happily as his wife. 3. On enquiry, the detenue would submit that she has not been detained illegally by the third respondent. She would also state that she married https://hcservices.ecourts.gov.in/hcservices/ 2 the third respondent on 25.09.2011 in a Temple at Thirupparankunram. After the marriage, according to her, she has been happily living with him as his wife. The said statement made by the detenue is recorded. 4. The petitioner is present in Court and he would submit that this Court may send the detenue with him. 5. We have considered the above submissions. Since the detenue is a major and she has not been detained illegally by the third respondent and since according to her, she is living with the third respondent as his wife happily, it is not possible for this Court to direct the detenue to go along with the petitioner. Therefore, this Habeas Corpus Petition is dismissed and she is set at liberty. SD ASST REGISTRAR ( RTI Act ) /TRUE COPY/ SUB ASST REGISTRAR NB To 1.The Deputy Superintendent of Police, Thoothukudi District, Thoothukudi. 2.The Inspector of Police, Murappanadu Police Station, Thoothukudi District. 3.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. A. RAJARAM, ADVOCATE, SR: 40898: 1CC TO MR. V. THIRUMAL, ADVOCATE, SR: 40823: DM::2011:DECEMBER:09:: ORDER MADE IN HABEAS CORPUS PETITION(MD).No.1040 of 2011 22.11.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/