1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI H.C.P.(MD)No.338 of 2011 M.Ilayaraja .. Petitioner Vs. State rep.by, 1.The Superintendent of Police, Superintendent of Police Office, Pudukottai. 2.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai. 3.Raja, Sub-Inspector of Police, Ganesh Nagar Police Station, Pudukottai. 4.Thiruppathi .. Respondents Petition filed under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpus directing 1st and 2nd respondents to produce the person or body of the detenue namely Anceswari, aged 23 years, before this Court and set her at liberty. For Petitioner : Mr.M.Ramu For Respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 and R2 Mr.Arunachalam @ Arun for detenue O R D E R (Order of the Court was made by S.RAJESWARAN, J.) The petitioner has filed this petition to produce the detenue / his wife, Anceswari, aged about 23 years, said to be missing from 21.04.2011. According to the petitioner, he has married her on 30.01.2011 and the said marriage was registered before the Registrar Office, Pudukottai. A Certificate No.34/11 has also been issued on 17.02.2011 and a copy of the said certificate has been produced along with this HCP. According to him, they were living together at Pudukottai after marriage and since there were constant threats from the girl's side, the detenue made a complaint to the first and second respondents on 16.03.2011 and sought for https://hcservices.ecourts.gov.in/hcservices/ 2 protection to her as well as to her husband/ the petitioner herein. The Superintendent of Police called and advised the parents of the detenue not to interfere in their peaceful life. 2.While so, on 21.04.2011, when the wife was working at C.D. Scan Centre at East Street, Pudukottai, she was forcibly taken away by the third respondent/Sub-Inspector of Police. A complaint thereafter has been given to the first and second respondents on 21.04.2011 and the same has also been registered. But the whereabouts of the detenue are not known till date. Hence, the above HCP has been filed by the petitioner before this Court for production of his wife/the detenue. 3.Today, after notice, the respondent-Police produced the detenue before this Court. 4.When we interviewed the detenue to ascertain her mind, she has spoken very clearly and told us categorically that she went out of the house on her own accord and married the petitioner on 30.01.2011 and since the date of marriage, she has been living happily with him in his house at Pudukottai. His parents also admitted their marriage and accepted them. According to her, the petitioner-husband and his people are very cordial and affectionate towards her. She further adds that because she received an information that her mother was not well and serious, she went to her native place to see her mother. On reaching her place, she was not allowed to join her husband and she has been illegally detained by her mother against her wish and desire. It is her further case that She was not able to even contact the petitioner/her husband over phone. 5.Today, on coming to Court, she has clearly told us that she would like to go along only with the petitioner / her husband. Earlier, she was made to give letters against her husband/the petitioner herein by the elders at home and the same need not be considered. Be that as it may, now she has decided to live only with the petitioner / her husband. 6.The petitioner is also before this Court along with his brothers, and the detenue is also before this Court along with her mother and close relatives. The local Panchayat President Mr.Jayachandran is also present who has come along with the mother of the detenue. Everyone of them has been briefed and appraised of these facts by us. Even the girl/detenue was made to speak before them and she has told her mother and her relatives that she would go only with her husband/the petitioner herein, who is present before this Court. 7.In view of the clear stand taken by the detenue-Anceswari, aged 24 years, a major, to marry the petitioner on her own and expressed her desire to live only with him, we are left with no option excepting to set her at liberty to be with the petitioner / her husband as per her wish and desire. Consequent upon this decision taken by the detenue, the mother of the detenue, who is present before this Court wanted the jewels worn by her to be handed over along with the wrist watch as, all were given by them. Immediately, the detenue-girl removed her personal jewels and handed over the neck chain with a pendent, two ear studs and a wrist watch. The same were accepted by her mother before us. This handing over of the personal jewellery by the detenue has been recorded. https://hcservices.ecourts.gov.in/hcservices/ 3 8.In the result, the detenue is set at liberty to go along with the petitioner / her husband as requested by her. 9.The mother and her close relatives who are present before us are advised to put up with the good and forget the bad. They were suitably advised to take care of the life of the daughter, who has chosen a partner by herself. The Panchayat President who is present before this Court is also advised to guide the detenue's mother and relatives suitably. The petitioner who is present before this Court is also advised to take care of his wife/ the detenue. The two brothers of the petitioner present before this Court were also advised to take care of the detenue, who has chosen to come out of her house and married the petitioner and expressed her desire to live with him only, despite her mother's pleading to come with her. 10.Finally, the Sub-Inspector of Police against whom a specific allegation is made, was also suitably advised to be neutral always and not to take sides. It is needless to add that as a Police Officer, he must exercise his powers most carefully to do justice to the parties who approach him for redressal. His approach should always be unbiased so as to create confidence and trust in the minds of public. 11.It is also reported that the thali chain worn by the detenue has been collected by the Sub-Inspector of Police, the third respondent herein and handed over to the girl's mother who is present here. Therefore, the third respondent is directed to collect the said thali chain from the girl's side and hand it over to the detenue at the earliest, not later than four weeks from the date of receipt of a copy of this order. It is also reported by the detenue that her college certificates are in the house of her mother, which shall also be handed over by the girl's mother to the police. The third respondent shall coordinate and do the needful in this regard too, at the earliest. 12.In the result, the HCP is ordered in the above terms. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Superintendent of Police Office, Pudukottai. 2.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai. 3. The Sub Inspector of Police, Ganesh Nagar Police Station, Pudukottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.M.Ramu, Advocate SR.17702 Km : SR : 21.06.2011 : 3p/6c H.C.P.(MD)No.338 of 2011 https://hcservices.ecourts.gov.in/hcservices/