1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION(MD).No.1173 of 2011 Selvamohan : Petitioner Vs. 1.The Superintendent of Police, Virudhunagar, Virudhunagar District. 2.State, Rep by its Inspector of Police, Thiruthangal Police Station, Thiruthangal, Virudhunagar District. 3.A.Pathirakali 4.K.Alagarsamy : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the body of the petitioner's wife, namely K.A.Mahalakshmi, aged 24 years, now detained by the respondents 3 and 4 before this Court and set her at liberty. For Petitioner : Mr.S.M.Anantha Murugan For Respondents 1&2 : Mr.A.Ramar Additional Public Prosecutor O R D E R [Order of the Court was made by S.NAGAMUTHU, J] The petitioner claims to be the husband of one K.A.Mahalakshmi, aged 24 years, [hereinafter referred to as "the detenue"]. The petitioner further claims that he is running an IAS Coaching Centre at Door No.2, Madavarkulam, East Car Street, Srivilliputhur. The detenue was one of the trainees, in such a way, they became very close, which resulted in love for each other. Thereafter, according to the petitioner, they married on 05.12.2011. After the marriage, for about one week, they lived together as husband and wife. Then, on 15.12.2011, the detenue informed the petitioner that she had been detained by the respondents 3 and 4, who are none else than the parents of the detenue. With the above allegation, the petitioner has come up with this Habeas Corpus Petition seeking a direction to the respondents 1 and 2 to produce the detenue before this Court and set her at liberty. 2. Today, when this Habeas Corpus Petition came up for admission, the learned Additional Public Prosecutor took notice and took time to get instructions. The matter was, accordingly, adjourned. However, today, at 01.30 PM, the learned Additional Public Prosecutor made a mention that the detenue has been secured and she was being produced before this Court. In https://hcservices.ecourts.gov.in/hcservices/ 2 view of the said submission made by the learned Additional Public Prosecutor, the matter was taken up for hearing. The learned counsel for the petitioner is present, but the petitioner is not present. The second respondent has produced the detenue. The respondents 3 and 4 are also present. 3. On enquiry, the detenue would submit that she is aged 24 years and now, she is residing only with her parents, i.e., the respondents 3 and 4 herein on her own volition. She would further state that she is an M.C.A., Degree holder. She would also state that she does not want to continue the relationship with the petitioner and she does not want to go with him. The said statement made by the detenue is recorded. 4. The respondents 3 and 4 would submit that the detenue has been all along residing with them and they have not detained her illegally and they are willing to take the detenue into the family fold. The said statement made by the respondents 3 and 4 is recorded. 5. The learned counsel for the petitioner would submit that since the petitioner is not present, the matter may be adjourned to tomorrow., i.e., on 21.12.2011. In our considered opinion, the matter cannot be adjourned in view of the statements made by the detenue and the respondents 3 and 4. The detenue is a grown up girl and also she is an M.C.A., Degree holder. She would state that she is residing with her parents and she is not detained by them at all. 6. In view of the above categorical statement made by the detenue, we are satisfied that there is no illegal detention, as alleged by the petitioner, and therefore, no direction as prayed for by the petitioner in this Habeas Corpus Petition could be issued. 7. In the result, this Habeas Corpus Petition is dismissed with liberty to the detenue to go with her parents, i.e., respondents 3 and 4. If the petitioner is aggrieved, he can work out his remedy in the manner known to law. Sd/- Assistant Registrar (T & P) /True copy/ Sub Assistant Registrar(C.S) To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District. 2.The Inspector of Police, Thiruthangal Police Station, Thiruthangal, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. NB ORDER MADE IN HABEAS CORPUS PETITION(MD).No.1173 of 2011 20.12.2011 TR : 09.01.2012: 2p/4c https://hcservices.ecourts.gov.in/hcservices/