1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2011 CORAM: THE HONOURABLE MR. JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MR. JUSTICE ARUNA JAGADEESAN H.C.P.(MD)No.492 of 2011 T.Marimuthu ... Petitioner Vs. 1.The Inspector of Police, East Police Station, Thanjavur, Thanjavur District. 2.Momtaj Beham ... Respondents PRAYER: The Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body and person of petitioner's son namely M.S.Karthick, aged about 21 years, son of T.Marimuthu and petitioner's daughter-in-law namely, Shibana Thasilm, wife of M.S.Karthick aged about 20 years, now detained by the 2nd respondent before this Court and set them at liberty. For Petitioner : Mr.A.Arunprasad For Respondents : Mr.K.S.Duraipandi, Addl.Public Prosecutor for R1 Mr.S.Kanagarajan for R2 O R D E R (Order of this Court was made by ARUNA JAGADEESAN,J.) This petition has been filed by the petitioner to trace his son viz., M.S.Karthick, aged about 21 years and his daughter-in-law viz., Shibana Thasilm, aged about 20 years, who are said to be detained by the 2nd respondent. 2.According to the petitioner, his son has fallen in love with the 2nd detenue viz., Shibana Thaslim and married her on 22.06.2011, without his knowledge and later, he accepted the said marriage. On 26.06.2011, the detenus went to temple, but, did not return back. Hence, he strongly suspects that the 2nd respondent, who is the mother of the 2nd detenue, had kidnapped the detenus and kept them in illegal custody. A complaint given by the petitioner to the 1st respondent Police, has not been taken serious note of. Hence, he filed this petition for the aforesaid relief. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Today, the detenus, the petitioner and the parents of the 2nd detenue are present. 4.We enquired both the detenus to ascertain their mind. They stated that they got married and are living as husband and wife and they went to Bangalore on their own will from the petitioner's house and the 2nd respondent has not detained them. Further, they stated that after coming to know that the petitioner has filed this petition, they appear before this Court. We enquired the petitioner and the parents of the 2nd detenue and we also allowed the 2nd respondent and her husband to talk with the 2nd detenue viz., Shibana Thasilm. In spite of persuasion made by them, the 2nd detenue refused to go with them and she expressed her willingness to go only with the 1st detenu/husband. The 1st detenu also expressed his willingness to live with the 2nd detenue as husband and wife. 5.In view of the fact, the detenus appeared before this Court and disclosed that they would like to live together and not to go with the parents, nothing remains further to be considered in this petition. The statements made by the parties are recorded. Further more, there is no illegal custody of the detenus and the detenus are major and have taken a decision on their own. They are set at liberty. 6.Accordingly, the Habeas Corpus Petition stands disposed of. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, East Police Station, Thanjavur, Thanjavur District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Nbj ssk/16.08.2011 /3c-2p/- H.C.P.(MD)No.492 of 2011 19.07.2011 https://hcservices.ecourts.gov.in/hcservices/