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.279 of 2011 Kalyani Kumar, S/o.Sangiah ..Petitioner Vs. 1.The Superintendent of Police, Virudhunagar District. 2.The Inspector of Police, Sethur Police Station, Virudhunagar District. 3.Ramaraj 4.Murugesan, S/o.Mookandi ..Respondents Prayer: Petition is filed under Article 226 of the Constitution of India to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body and person of the detenue, namely Krishnaveni, aged about 18 years, W/o.Kalyani Kumar, who is now illegally detained by the 3rd and 4th respondents and set her at liberty. For Petitioner :Mr.V.Sasikumar For Respondents-1 & 2 :Mr.P.N.Pandithurai, Addl.Public.Pleader. For Respondents-3&4 : Mr.A.Sivaji O R D E R (Order of the Court was made by S.RAJESWARAN,J) The petitioner, claiming to be the husband of the detenue by name Krishnaveni, has filed this petition alleging that she is under the illegal detention of respondents 3 and 4. 2.The case of the petitioner is that he and the detenue Krishnaveni got married on 27.10.2010 in a Murugan Temple at Tiruppur and after marriage, they lived together for some time and they were living at Puliangudi, Tirunelveli District. At the request of the 3rd respondent, the father of the detenue, the petitioner sent his wife to the place of the 3rd respondent but, thereafter she did not return to live with the petitioner. Now, she is said to be under the illegal custody of the 3rd respondent and the 3rd respondent is also taking steps to give the detenue in marriage to the 4th respondent, who is her uncle. Hence, a complaint was given to the 2nd respondent police on 22.03.2011. Since no action has been taken, the above petition has been filed. 3.Today, the detenue was produced by the 2nd respondent police, along with the 3rd respondent/father. We interacted with the detenue Krishnaveni. She stated that she does not want to go with the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner as everything has happened against her wish and desire and now she would like to live with her parents only. We also enquired the 3rd respondent/father, who has admitted that she is with them. We also enquired the petitioner and appraised him of the facts. 4.In view of the fact that the detenue is before this Court and has chosen to be with her parents, there is no illegal custody of the detenue by any one as alleged by the petitioner. 5.Hence this petition is dismissed. Sd/- Deputy Registrar(Accounts) /True copy/ Assistant Registrar To: 1.The Superintendent of Police, Virudhunagar District. 2.The Inspector of Police, Sethur Police Station, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. gb Order in HCP(MD)No.279/2011 Dated:19.04.2011 TR : 29.04.2011 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/