Allowed

R. Manikandan v. the Inspector of Police

Madras HC3 Feb 2011HCP(MD)/76/2011

Case brief

AI extract

What is this about?

This decision adjudicates a habeas corpus petition. The petitioner sought the release of his wife from the Women Home. After confirming she is a major and desires to join her husband, the Court declares her at liberty and permits her to join him, closing the petition.

What did the court decide?

Detenue set at liberty and permitted to join husband as per her desire. Writ of Habeas Corpus closed.

R. Manikandan Vs the Inspector of Police — Pension and Retirement Benefits | Madras HC (2011)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2011

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CORAM:

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THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN AND

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THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM

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H.C.P. (MD) No.76 of 2011

R.Manikandan

.. Petitioner

versus

The Inspector of Police Vadipatti Police Station Madurai District.

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The Superintendent of Police The Office of Superintendent (Rural) Madurai.

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K.Kasirajan

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.. Respondents

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PRAYER: Petition under Article 226 of the Constitution of India for the issue of a Writ of Habeas Corpus directing the respondents to produce the body of the detenue K.Aswini before this Court and to set her at liberty.

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For petitioner : Mr.V.Pavel For respondents-1 and 2 : Mr.D.Issac Manuel Additional Public Prosecutor For 3^rd respondent : Mr.T.C.S.Thillainayagam

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ORDER

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(Order of the Court was made by CHITRA VENKATARAMAN,J.)

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The petitioner as well as the detenue appeared before this Court. On examining the detenue Aswini who is aged 19 years, we find that the petitioner and the detenue got married on 11.11.2010 according to Hindu rites in Sangameshwar Temple, Bhavani. Subsequently, the third respondent, on finding his daughter missing, gave a complaint. On enquiry, the Police found that the detenue willingly got married to the petitioner herein. However, the detenue was produced before the Judicial Magistrate No.II, Madurai, by the Police. By order dated 14.11.2010, it being a holiday, learned Judicial Magistrate sent her to the Women Home, Chokkikulam, Madurai.

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Whatever be the correctness or otherwise of the order of detaining her in the Home much against the statement recorded by the Police, and the fact that the detenue is a major, yet, subsequently https://hcservices.ecourts.gov.in/hcservices/ she was allowed to join her parents on 18.11.2010. In the background

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of the circumstances, the petitioner has approached this Court.

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As already pointed out, on enquiry, the detenue expressed her desire to join the petitioner herein. We also enquired the petitioner. Having regard to the fact that the detenue is a major and has also expressed her desire to join the petitioner - her husband, she is set at liberty and permitted to join her husband, as per her desire.

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The Habeas Corpus Petition is closed. No costs.

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Sd/-

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Deputy Registrar(LA )

/True Copy/

Assistant Registrar

The Inspector of Police Vadipatti Police Station Madurai District.

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The Superintendent of Police The Office of Superintendent (Rural) Madurai.

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H.C.P. (MD) No.76 of 2011 Dated: 03.02.2011

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KSV

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SMA/17.02.2011/3C/2P

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https://hcservices.ecourts.gov.in/hcservices/

R. Manikandan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

R. Manikandan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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