IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:20.06.2008 CORAM: THE HON'BLE MR.JUSTICE M.CHOCKALINGAM AND THE HON'BLE MR.JUSTICE S.PALANIVELU HCP.NO.783 OF 2008 P.Murugesan ...Petitioner Vs. The Inspector of Police, Chinna Salem Police Station, Chinna Salem,Villupuram District. ...Respondent This Habeas Corpus Petition filed under Article 226 of the Constitution of the India for a direction directing the respondent to produce Minor Ramya aged 17 years daughter of Palanisamy her body before this Court and set her liberty. For Petitioner : Mr.V.P.Rajendran For Respondents : Mr. Babu Muthu Meeran Additional Public Prosecutor. O R D E R (Order of the Court was made by M.CHOCKALINGAM,J) Seeking a writ of Habeas Corpus, the petitioner one P.Murugesan has brought forth this petition. 2. Affidavit filed in support of the petition is perused. The Court heard the learned counsel for the petitioner. The alleged detenu Ramya is produced before this Court. 3. The case of the petitioner in short is that the alleged detenue is sister-in-law of the petitioner i.e. wife's own sister who is 17 years old and she has completed 10 + 2 . She was found missing from 30.4.2008 and her father has given a complaint to the respondent police station, but no steps have been taken by the respondent police. Under such circumstances, again he gave a complaint on 14.5.2008 and even then no case has been registered and no steps were taken. Under such circumstances,he has come forward before this Court by way of filing a habeas corpus petition. https://hcservices.ecourts.gov.in/hcservices/ 4. When the above matter was posted on the last occasion, the learned counsel for the State took time for getting instructions from the respondent police. 5. This day i.e. 20.6.2008, the alleged detenue Ramya is produced before this Court. She is also enquired. According to her, she is 17 years old and she has completed 10 + 2 and now she is actually came with her mother and now she is staying in her grand-mother's house. She would further submit that the petitioner wants to marry the detenue as second wife, to which course, she was not amenable. Accordingly, she was taken by her mother to the grand-mother's house. Today, she came with her mother and her mother is also present before this Court. She is also enquired. She would submit that what are all submitted by her daughter are true. At this juncture, the petitioner who is also present before this Court has come forward to state that the girl was kidnapped and the intention of the mother of the detenue is to soleminize the marriage between the detenue and her own brother and the marriage has also been taken place. 6. The Court paid its anxious consideration to the submissions made. It is not in controversy that the detenue is aged about 17 years and she is not a minor as on date. Now she is in the custody of the mother. She was also brought before this Court by her mother. This Court is not inclined to go into the truthness or otherwise on the allegation of the respective side. Since the detenue is a minor and now she is in the custody of the mother, now the custody would be handed over to the mother herself. At this juncture, the contention put forth by the petitioner that the detenue was kidnapped, is false and has to be rejected. The Habeas Corpus Petition is disposed of. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar VJY To 1. The Inspector of Police, Chinna Salem Police Station, Chinna Salem,Villupuram District. 2. The Public Prosecutor, High Court, Madras. HCP.No.783 OF 2008 SKD(CO) RVL 03.07.2008 https://hcservices.ecourts.gov.in/hcservices/