1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) No.253 of 2011 S.Parameswaran ..Petitioner Vs. 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, Karimedu Police Station, Madurai. 3.Kala, W/o.Ramalingam ..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of habeas corpus directing the respondents to produce the petitioner's brother's daughter Dharani, aged 27 years, before this Court and set her at liberty. For Petitioner :Mr.P.Muthusamy For Respondents-1 & 2 :Mr.P.N.Pandithurai, Addl.Public.Pleader. For Respondent-3 : Mr.S.Arunkumar O R D E R (Order of the Court was made by S.RAJESWARAN,J) This petition has been filed by the petitioner, who is claiming to be the paternal uncle of the detenue Dharani. The case of the petitioner is that he is doing business in Chennai. His brother's daughter Dharani, aged 27 years, was under his care for more than 10 years for her studies. He was taking care of her, since his brother was working abroad. The detenue got married to one Karthick in the year 2005. After marriage, Karthick left India and he is also working at Canada. So, the detenue stayed at Chennai. It is the further case of the petitioner that the 3rd respondent, who is the mother of the detenue, in order to get her married for the second time without her consent, called her to Madurai. After Dharani reached Madurai, her whereabouts are not known. Now she is said to be under the illegal custody of the 3rd respondent/her mother against her wish. The petitioner went to the 3rd respondent's house to meet the detenue but, he was not allowed to do so and on the other hand, he was threatened with dire consequences. https://hcservices.ecourts.gov.in/hcservices/ 2 Therefore, the present habeas corpus petition has been filed to release the detenue and to set her at liberty. 2.Today, the detenue Dharani appeared before the Court through her counsel. The 3rd respondent, being the mother of the detenue and the petitioner are present before this Court. 3.When we interacted with the detenue to know her mind, she has clearly stated that she is very much with her mother/the 3rd respondent herein and her father is working abroad. She also admitted her marriage with one Karthick and her husband is also working abroad. It is her case, the petitioner, who is a relative, is constantly disturbing her and his motive is not good. 4.The 3rd respondent/mother of the detenue was also interviewed by us and she also stated that the petitioner is unnecessarily interfering with their life. She also admitted that the detenue is with her. 5.Their statements are recorded. 6.In view of the aforesaid fact that the detenue appeared before the Court through counsel and disclosed that she is not under the illegal custody of any one, much less the 3rd respondent and she is happily living with her mother/the 3rd respondent herein, the petition is liable to be dismissed. Accordingly, the petition is dismissed. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To: 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, Karimedu Police Station, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.P.Muthusamy, Advocate, SR.No.14493 +1cc to Mr.S.ArunKumar, Advocate, SR.No.14015 gb GH : 29.04.2011 : 2P/6C Order in HCP(MD)No.253/2011 Dated:19.04.2011 https://hcservices.ecourts.gov.in/hcservices/