In a habeas corpus petition filed by a father for his 19-year-old daughter found missing, the Court held that the girl was a major who had married and expressed willingness to accompany her husband. The father had no objection, and the girl was set at liberty.
The petitioner's daughter Sumithra was ordered set at liberty.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
H.C.P.(MD)No.1314 of 2016
Velmurugan
: Petitioner
Vs.
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Karivalamvantha Nalloor Police Station, Tirunelveli District. : Respondents
Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the person or body of Sumithra, D/o.Velmurugan, aged about 19 years, daughter of the petitioner before this Court and set her at liberty.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Ramar, Additional Public Prosecutor
ORDER
(Order of the Court was made by M.V.MURALIDARAN, J.)
One Velmurugan has filed this Habeas Corpus Petition stating that his daughter Sumithra, aged about 19 years was found missing from 14.05.2016 onwards. On a complaint made in this regard, a case has been registered by the second respondent in Crime No.161 of 2016 for woman missing. Thereafter, there was no progress. Hence, he has come forward with the present Habeas Corpus Petition.
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respondent. The petitioner also made appearance. On our enquiry, the detenu has stated that she married one Murugan, in the month of May, 2016 and her age was 19 years. On our further enquiry, she told that she is willing to go with her husband. We also enquired the petitioner, who is the father of the detenu. He said that he has got no objection for the girl to go with her husband and to live with him. The said statement is recorded.
Assistant Registrar(AE)
/True Copy/
Sub Assistant Registrar
SML
To
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Inspector of Police, Karivalamvantha Nalloor Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
JAM/04.11.16/DB /2p-4c
Order made in H.C.P.(MD) No.1314 of 2016
Dated: 20.10.2016
1 issue framed by the court
Whether a writ of Habeas Corpus ought to be issued for the production and release of a 19-year-old missing girl who had married and expressed willingness to live with her husband.
1 provisions across 1 enactments
Velmurugan
Superintendent of Police, Tirunelveli District
Inspector of Police, Karivalamvantha Nalloor Police Station
S. Nagamuthu
M.V. Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
