Saminathan v. State Rep by
Case brief
What is this about?
In this habeas corpus petition filed by the father for his detained 18-year-old daughter, the Court examined her statement affirming her recent marriage and willingness to reside with her husband. The Court permitted her to go with her husband, dismissing the petition as no further order was necessary.
What did the court decide?
Permitted the detenue to accompany her husband; closed the habeas corpus petition.
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: 12.03.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
AND
THE HONOURABLE MS.JUSTICE K.B.K.VASUKI
H.C.P.No.625 of 2015
Saminathan ..Petitioner
Vs
1.State rep. By
The Inspector General of Police,
Saravanampatti Police Station,
Coimbatore District.
2.Wilson ..Respondents
Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to direct the first respondent to produce the body or the person of the detenu by name Miss.Theporal, the daughter of the petitioner, aged about 18 years, before this Court and set her at liberty.
For Petitioner : Mr.E.P.Senniyangiri For Respondents : Mr.A.N.Thambidurai, Additional Public Prosecutor. ORDER
The petition is filed by the father of the so-called detenue, by name Theporal, aged about 18 years, to produce the detenue from the custody of the 2nd respondent, Wilson @ Wilson Gnanaraj.
Issues for consideration
2 issues framed by the court
Whether to set aside the detention of an 18-year-old woman and permit her to accompany her husband.
Whether the marriage registration and the detenue's willingness to stay with her husband negate the need for continued custody.
Parties & counsel
- petitioner
Saminathan
- respondent
State represented by The Inspector General of Police
- respondent
Wilson
Coram
Case details
As recorded by the court registry
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