1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.178 of 2011 B.Buddhan .. Petitioner vs. 1.The Superintendent of Police, Pudukkottai District, Pudukkottai. 2.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District. 3.Gnanasekaran .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to secure the detenues from the illegal custody of the 3rd Respondent and to produce the body of the detenues Salai Madhuravalli, aged 19 years, daughter of Buddhan and her mother-feeding child, aged 7 months, before this Hon'ble Court and set them at liberty forthwith. For petitioner : Mr.S.Deenadhayalan For respondents 1 & 2 : Mr.D.Isaac Manual Additional Public Prosecutor ORDER (Order of the Court was made by S.RAJESWARAN,J) This petition has been filed by the petitioner to trace out his daughter, Salai Madhuravalli, aged about 19 years, who married the 3rd respondent on 10.08.2009 without the consent of the parents and gave birth to a female child on 03.08.2010. While so, because of the harassment meted out by the 3rd respondent/husband to his daughter she came along with her child to their house. But after that, the 3rd respondent came there with henchmen and threatened the petitioner and his family members. Therefore, a complaint was lodged on 20.09.2010 with the second respondent police. His daughter in order to dissolve the said marriage between her and the 3rd respondent has also filed H.M.O.P.No.276 of 2010 before the Subordinate Judge, Pudukkottai and the same is pending. Meanwhile, on 27.02.2011, the third respondent came to his house and taken away his daughter along with her child. While the petitioner was under the impression that her daughter was happy with the 3rd respondent, she received a phone call on 28.02.2011 from her daughter stating that she was illegally detained by the 3rd respondent and requested for help. Therefore, on 01.03.2011 a complaint was given to the respondent police and since no action was taken, this Habeasu Corpus Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Today the respondent police produced the detenue and her minor child before the Court. The parents of the detenue and the 3rd respondent are also present before the Court. When we asked the detenue about her state of mind, she has clearly and categorically stated that since she is not happy in the married life with the 3rd respondent and she wants to go back with the petitioner and not with the 3rd respondent/husband. She further stated that she has filed H.M.O.P.No.276 of 2010 for divorce before the Sub Court, Pudukkottai against the third respondent. 3. In view of the categorical statement made by the detenue we called the 3rd respondent and briefed him as to what the detenue has stated. We made it clear to him that the detenue/his wife is not interested in living with him any longer. 4. In view of the fact that the detenue and her child want to go back with the petitioner/father of the detenue, nothing further needs to be considered in this Habeas Corpus Petition and the same is dismissed. No costs. Sd/- Deputy Registrar (Accounts) /True copy/ Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai. 2.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. sj SR : 07.04.2011 : 2p/4c H.C.P(MD)No.178 of 2011 24.03.2011 https://hcservices.ecourts.gov.in/hcservices/