Mrs.Ramani v. the Inspector Ofp Olice
Case brief
What is this about?
Petitioner filed a habeas corpus petition to recover her 17-year-old daughter held in illegal custody. The Court, upon production of the daughter who admitted being a major and married, closed the petition based on her statement.
What did the court decide?
The Habeas Corpus Petition is closed and the detenue is set at liberty to be on her own.
What the court decided
A compact analysis
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2014
CORAM
THE HONOURABLE MR . JUSTICE S.RAJESWARAN AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH
HCP No.1002 of 2014
Ramani ... Petitioner Versus 1.The Inspector of Police T12 Poonamallee Police Station Chennai 56. 2.Mani ... Respondents
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus directing the first respondent to produce body or person of the petitioner's daughter Nandhini D/o Murugesan, aged about 17 years, and set her at liberty and restore her to petitioner's custody.
For Petitioner : Mr.J.C.Durairaj For Respondents : Mr.M.Maharaja Addl. Public Prosecutor [for R1] ORDER [Order of the Court was made by S.RAJESWARAN, J.,]
This petition has been filed by the mother, to produce her daughter Nandhini, aged about 17 years, said to be in the illegal custody of the second respondent.
2.The second respondent is represented by counsel. According to the learned counsel for the second respondent, the detenue is married to the the second respondent as early as January 2014 and she is a major and they have been living together at Avadi in the place of the second respondent.
Issues for consideration
3 issues framed by the court
Whether the habeas corpus petition for recovery of a major daughter should be discharged on record of her own statement of major status and consent.
Whether the petition can be closed based on the categorical statement of the detenue that she is a major married to the second respondent.
Whether the Court has jurisdiction to grant relief for production of a major despite statutory requirements for police protection in marriage-related kidnappings.
Parties & counsel
- petitioner
Ramani
- respondent
The Inspector of Police T12 Poonamallee Police Station Chennai
- respondent
Mani
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court