1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P(MD)No.591 of 2011 N.Malaichamy .. Petitioner vs. 1.Office of the Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Inspector of Police, Parthibanur Police Station, Ramanathapuram District. 3.S.Nallathambi .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the Respondents to produce the body of the detenue namely Muthukani daughter of Malaichamy, aged about 23 years, the petitioner's daughter before this Court and set her at liberty. For petitioner : Mr.R.Senthilkumar For respondents 1 & 2 : Mr.C.Ramesh, Addl.Public Prosecutor ORDER (Order of the Court was made by ARUNA JAGADEESAN, J) The petitioner is the father of the detenue viz., Muthukani, aged about 23 years. According to the petitioner, the detenue had completed 10th Standard and was staying at home. On 16.7.2011, she was missing from the house and later, he came to know that the third respondent had kidnapped her. 2. When the case came up for hearing today, the detenue was present. 3. We enquired the detenue. She stated that she got married to the third respondent and she had love affair with him for the last five years. Thus, she expressed her willingness to go with her husband/third respondent only and she is not willing to go with the father/petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In view of the fact that the detenue is 23 years old and she willingly married the third respondent and is living with him, it is evident that the detenue is not under illegal custody of any one, much less the third respondent. Hence, the Habeas Corpus Petition deserves to be closed by recording the statement of the detenue. Accordingly, the Habeas Corpus Petition is closed. However, the respondent police is directed to give protection to both the parties. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Inspector of Police, Parthibanur Police Station, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai asvm rl/4c – 4.8.2011 H.C.P(MD)No.591 of 2011 26.7.2011 https://hcservices.ecourts.gov.in/hcservices/