Habeas corpus petition filed by petitioner seeking production of his missing sister, who was reported disappeared since 25.01.2011. Court found she married respondent after her disappearance and is living happily with him. Petition dismissed as she is not in illegal custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.159 of 2011
N.Ayyanar .. Petitioner Vs. 1.The Superintendent of Police, Madurai. 2.The Inspector of Police, Avaniyapuram Police Station, Madurai. 3.Balamurugan 4.Panjarajan 5.Alageshwari .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the 2nd respondent to produce the petitioners sister, the detenue named Malarvalli, aged abut 24 years, daughter of V.Nagu, who is in the illegal custody of the respondents 3 to 5 and set her at liberty .
For petitioner : Mr.V.Manoharan For respondents : Mr.P.N.Pandidurai (R1 and R2) Addl.Public Prosecutor
O R D E R
(Order of the Court was made by S.RAJESWARAN, J.)
This Habeas Corpus Petition has been filed by the petitioner, who is the brother, to trace his sister by name, Malarvalli, aged about 24 years. She is a MBA Graduate from Fathima College, Madurai. She has been found missing from 25.01.2011. The search made by the petitioner was in vain. Complaint was given to the first respondent suspecting the 3rd respondent could have taken her out. Since no action was taken, the above petition has been filed.
2.On notice, the detenue Malarvalli was secured and produced https://hcservices.ecourts.gov.in/hcservices/ before this Court. On enquiry, she informed the Court that she has married the 3rd respondent Balamurugan on 26.01.2011 and since then she
2
has been living happily with him at Thirupur. The 3rd respondent Balamurugan is also present before this Court and we have intervened him also. He admits the marriage with the detenue and states that they have been living together happily at Thiruppur.
3.We called the petitioner, the brother of the detenue, and appraised him of all the details.
4.In view of the fact that the detenue, being a major, has gone out on her own, married the 3rd respondent Balamurugan and living happily with him and not interested in going back to the parents house nor the petitioner herein, her brother, nothing further remains to be considered in this Habeas Corpus Petition and hence, the same is closed. No costs.
SD/-
Assistant Registrar (P&A)
/True copy/
Sub Assistant Registrar
To
1.The Superintendent of Police, Madurai.
2.The Inspector of Police, Avaniyapuram Police Station, Madurai.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
H.C.P(MD)No.159 of 2011 07.04.2011
MPK
PAM 20.04.2011/4C/2P
1 issue framed by the court
Whether a habeas corpus petition filed by a brother to trace his missing sister can be dismissed when she voluntarily married and is living with her husband.
1 provisions across 1 enactments
N. Ayyanar
Superintendent of Police, Madurai
Inspector of Police, Avaniyapuram Police Station
Balamurugan
Panjarajan
Alageshwari
S. Rajeswaran
G.M. Akbar Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
