IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.559 of 2010 M.Ramesh ..Petitioner Vs. 1. The Superintendent of Police, Tiruvallur District, Tiruvallur. 2. The Deputy Superintendent of Police, Uthukottai Taluk, Tiruvallur District. 3. The Sub-Inspector of Police (L & O), C-4, Pennalurpet Police Station, Uthukottai Taluk, Tiruvallur District. 4. Silambarasan . Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 3rd respondent to produce the petitioner's wife viz. R.Hemalatha, aged about 19 years, who is illegally detained by the 4th respondent, before this Court and set her at liberty forthwith. For Petitioner : Mr.A.Dayalan For Respondents : Mr.V.R.Balasubamanian Additional Government Pleader. O R D E R (The order of the Court was made by M.CHOCKALINGAM, J.) Invoking the writ jurisdiction of this Court, one M.Ramesh has brought forth this application to issue a writ of Habeas Corpus alleging that he married one Hemalatha, alleged detenue on 4.6.2009 at Kalahasthi and they were living together. While the matter stood thus, on 22.3.2010 at about 6.00 p.m., the 4th respondent of Kalavai Village, Uthukottai Taluk along with the support of others have taken her away. After making a search, he made a complaint before the third respondent police and a case came to be registered in Crime No. 81 of 2010 for 'girl missing' but she was not yet secured. Under such circumstances, this application was brought before this Court. https://hcservices.ecourts.gov.in/hcservices/ 2. When the matter is taken up by this Court, the petitioner is present. The learned counsel for the State would submit that the detenue was secured by the police and produced before the Judicial Magistrate No.1, Uthukottai and the statement of the detenue was recorded and she was found to be minor. Hence, she was handed over to the custody of her parents. The detenue is present in Court. The parents of the detenue are also present in Court. 3. When the detenue is enquired. She would submit that she was born on 7.3.1993. It is true that the marriage between herself and Mr.Ramesh took place on 4.6.2009 and they were living together. Now, she was actually staying with her maternal grand mother at Katchur near Tiruvellore District and the allegation that she was taken by the 4th respondent and others was not correct. At the same time, she would submit that she is willing to go and live with the petitioner. The statement made by the detenue is recorded. 4. It is an admitted position that the detenue was born on 7.3.1993 and that she is a minor. Considering the same, the custody of the detenue was handed over to her parents. They are also present in Court. Once, it is an admitted that the marriage between herself and the petitioner has taken on 4.6.2009, there no impediment in allowing her to go with her husband and live with him. The parents of the detenue are also amenable to the said course. Under such circumstances, the petitioner is permitted to take the detenue along with him. Accordingly, the Habeas Corpus Petition is disposed of . Sd/- Asst. Registrar //true copy// Sub Asst.Registrar vsi To 1. The Superintendent of Police, Tiruvallur District, Tiruvallur. 2. The Deputy Superintendent of Police, Uthukottai Taluk, Tiruvallur District. 3. The Sub-Inspector of Police (L & O), C-4, Pennalurpet Police Station, Uthukottai Taluk, Tiruvallur District. 4. The Public Prosecutor, High Court, Chennai. 1 cc to Mr.Dayalan, Advocate, Sr.No.23421 H.C.P.No.559 of of 2010 KK {CO} TP/16.4.2010. https://hcservices.ecourts.gov.in/hcservices/