1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.782 of 2011 K.Prabakaran .. Petitioner Vs. 1.The Commissioner of Police, Office of Police Commissioner, Madurai. 2.The Inspector of Police, Karimedu Police Station, Madurai. 3.Arumugam .. 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 Aruna, daughter of Arumugam, aged about 22 years, before this Court and set her at liberty. For petitioner : Mr.D.Senthil For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 & R2 Mr.Karthikeya Venkatachalapathy for R3 ORDER (Order of the Court was made by ARUNA JAGADEESAN, J.) This Habeas Corpus Petition is filed by the petitioner to direct the respondents 1 and 2 to produce his wife/the detenue, namely Aruna, aged about 22 years, before this Court and set her at liberty, alleging that the detenue is under the illegal custody of the third respondent. 2.The petitioner herein is the husband of the detenue-Aruna. It is alleged by the petitioner in the affidavit filed in support of this petition that he has completed Hotel Management Course at Tamil Nadu Polytechnic, Madurai and now he is working at Hotel Star Residency, Madurai; that during his school days, he met the detenue-Aruna who studied in the same school where the petitioner was studying, and both of them loved each other. It is also stated that, thereafter, they decided to marry and on 21.02.2011, they got married and the said marriage was also registered before the Joint II Sub Registrar, Dindigul. It is also alleged in the affidavit that the detenue is under the illegal confinement of the third respondent, who is her father. The petitioner made representations to the first and second respondent-Police. Since no sincere steps were taken by the police to trace out his wife, the petitioner has come forward before this Court by way of filing the present Habeas Corpus Petition. 3.Today, both the detenue-Aruna and the petitioner were present before this Court. When we enquired, the detenue categorically stated that https://hcservices.ecourts.gov.in/hcservices/ 2 she is not willing to go along with the petitioner herein/her husband and that she is willing to go only along with her parents. She further stated that she is not under the illegal custody of anyone. 4.Since the detenue being a major, has expressed her unwillingness to go along with her husband/the petitioner herein, and that she is not under the illegal custody of anyone much less the third respondent, recording her statement, the Habeas Corpus Petition is closed as nothing further remains to be considered. Sd/- Deputy Registrar(Writs) /True copy/ Assistant Registrar To 1.The Commissioner of Police, Office of Police Commissioner, Madurai. 2.The Inspector of Police, Karimedu Police Station, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.D.Senthil, Advocate, SR.No.32479 KM HCP(MD)No.782 of 2011 21.09.2011 TR : 03.10.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/