Disposed

S.Kothai, W/O.Sundhakar, v. State by Inspector of Police

Madras HC10 Jun 2014HCP/1381/2014

Case brief

AI extract

What is this about?

The High Court disposed of a habeas corpus petition filed by a mother seeking production of her 19-year-old daughter, who was alleged to have been kidnapped. The detenue was present in court, confirmed her marriage to the third respondent, and expressed willingness to leave with him; the court set her at liberty.

What did the court decide?

The detenue Jayashree Lakshmi was set at liberty and allowed to go as per her wish to her matrimonial home.

S.Kothai, W/O.Sundhakar, Vs State by… — Constitutional and Fundamental Rights | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.06.2014

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CORAM:

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THE HONOURABLE MR. JUSTICE V.DHANAPALAN

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and THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM

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H.C.P.No.1381 of 2014

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S.Kothai ... Petitioner

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1. State by Inspector of Police, Law and Order, S-9, Pazhavanthangal Police Station, Pazhavanthangal, Chennai 600 114.

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1. Ramesh Babu 3. Mohan 4. Baskar ... Respondents (R4 impleaded as per the order of this Court dated 10.06.2014 in M.P.No.1 of 2014)

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Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus, directing the respondents herein to produce the petitioner's daughter Jaishree Lakshmi, aged about 19 years, in life and body before this Court.

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(Order of the Court was made by V.Dhanapalan,J.)

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Heard Mr.S.Ananthanarayanan, learned counsel for the petitioner and Mr.P.Govindarajan, learned Additional Public Prosecutor appearing for the 1^st respondent.

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The mother of the detenue has filed this petition seeking a direction to the 1^st respondent to secure her daughter Jaishree Lakshmi, aged about 19 years and produce before this Court.

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According to the petitioner, the detenue is the elder daughter, aged about 19 years, who has studied upto 12^th standard and

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

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the younger one is her son. It is her case that the 3^rd respondent Mohan had earlier kidnapped her daughter/detenue and she had given a police complaint with the respondent Police and a case was registered in Crime No.35/12 for offences under Sections 366 and 376 IPC. Since, he had kidnapped her daughter again, having no other alternative remedy, the petitioner is before this Court seeking to secure and produce her daughter before this Court.

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The detenue is produced before this Court. The Investigating Officer is also present in the Court. When we enquired the detenu, she stated that her date of birth is 16.09.1995, aged about 19 years and that she studied upto 12^th standard. She further informed that she got married to the 3^rd respondent/Mohan on 07.05.2014. In proof of her marriage, she produced the Marriage Certificate, dated 14.05.2014 vide Marriage Sl.No.2110/2014, issued by the Marriage Registrar, District Registrar Office, Chennai North, wherein, it is stated that the marriage of Thiru.Mohan,K., S/o.Thiru.Kamalakannan, M. residing at No.1/21, Ponniyamman Koil Street, Nanmangalam, Chennai 600 117 and Tmt.Jayashree Lakshmi,S., D/o. Thiru.Sudhakar,B. residing at No.12-22, Balaji Nagar, 2^nd Street, Nanganallur, Chennai 600 061 has been solemnized on 07.05.2014 and registered on 14.05.2014. She also stated that her husband has studied upto 10^th standard and doing a job connected to PVC doors.

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When we enquired the 3^rd respondent, who is present in the Court, he deposed that his date of birth is 01.08.1992, aged 21 years and that he is doing a contract work in Chennai connected to PVC doors and earning a sum of Rs.3,000/- per week. He assured that he will take care of his wife/detenue and lead a happy matrimonial life and that he undertakes to keep both his parents and the parents of the detenue comfortably, thereby having smooth and cordial relationship. The said undertaking of the 3^rd respondent is recorded.

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As the detenue is a major aged about 19 years and as she has expressed her inclination to go to her matrimonial home with her husband, the 3^rd respondent herein, this Court has no other option except to set the detenue at liberty to go as per wish. Accordingly, we set the detenue Jayashree Lakshmi at liberty and she is allowed to go as per her wish.

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This Habeas Corpus Petition is disposed of accordingly. Sd/Assistant Registrar(CS-V) Dated: 27.06.2014

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//True Copy//

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Sub Assistant Registrar

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

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The Inspector of Police, Law and Order, S-9, Pazhavanthangal Police Station, Pazhavanthangal, Chennai 600 114.

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The Public Prosecutor, High Court of Madras, Chennai 600 104.

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1 CC to Mr.S.Ananthanarayanan, Advocate SR.No.23883
H.C.P.No.1381 of 2014
TAD(CO)
JJM (01.07.2014)

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

S.Kothai, W/O.Sundhakar, v. State by Inspector of Police

Case brief

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S.Kothai, W/O.Sundhakar, v. State by Inspector of Police

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