Petitioner filed a Habeas Corpus petition challenging the detention of her husband, Poomurugan, alleging forced marriage while he was a minor. The Court examined the detenu, who denied illegal custody, and found no prima facie case of illegal detention.
Writ of Habeas Corpus closed with no illegal detention found.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1051 of 2017
Illakkiamalar
... Petitioner
-vs-
Ramanathapuram District.
3.Shanmugam
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the detenu or his corpus namely Poomurugan, S/o.Shanmugam, Male, aged about 22 years before this Court and set his at liberty forthwith.
For Petitioner : Mr.A.Uthayakumar For R1 & R2 : Mr.T.Mohan
Addl. Public Prosecutor
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
The detenu is present before us. He says that by force, he was married to the Petitioner, who is a Teacher, when he was a minor. Now, he is studying in the College. He says that he is not in illegal custody. In such view of the matter, we do not find any illegal detention.
Sd/-
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar
2
To:
1.The Deputy Superintendent of Police, Office of the Deputy Superintendent, Muthukulathur, Ramanathapuram District.
H.C.P.(MD) No.1051 of 2017
vsn
JM/MR KKR/SAR 4/18.09.2017/2P/5C
2 issues framed by the court
Whether there is illegal detention warranting issuance of Writ of Habeas Corpus.
Whether the claim of forced marriage constitutes illegal custody.
1 provisions across 1 enactments
Illakkiamalar
Deputy Superintendent of Police, Muthukulathur
Sub Inspector of Police, Muthukulathur
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
