Petitioner filed a Habeas Corpus petition to produce and set at liberty a 20-year-old girl (Saranya) detained by her parents. The court held she is a major and has the right to choose her livelihood and place of stay, finding no illegal detention.
Petition closed; detenue 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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.1064 of 2017
P.Muthupandi ... Petitioner -vs-
Sivagangai District.
3.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
4.Pugalenthi ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the Respondents 1 to 3, to produce the body or person of the detenue, namely, Saranya, aged about 20 years, D/o. Pugalenthi before this Hon'ble Court and set her at liberty.
For Petitioner : Mr.S.Vinayagam For Respondents : Mr.T.Mohan Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
This petition has been filed by the petitioner, alleging that the detenue is in the illegal custody of her parents.
2.Though the petitioner has not attained the age of 21 years and said to be in love with the detenue, the detenue has informed https://hcservices.ecourts.gov.in/hcservices/ that she would like to pursue her studies in the college by joining the hostel rather than staying in the old age home.
2
3.The detenue is a major, therefore, it is for her to choose her course of life. As we find no illegal detention, we set her at liberty.
4.In view of the above, this Habeas Corpus Petition is closed.
Sd/Assistant Registrar (CO)
/True Copy/
Sub Assistant Registrar
To:
1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District. 3.The Inspector of Police, Karaikudi South Police Station, Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 CC TO Mr.M.S.JEYAKARTHIK, ADVOCATE IN SR No. 66721 SJ TE/JC/SAR-III : 27/07/2017 : 2P/6C H.C.P.(MD) No.1064 of 2017 19.07.2017
2 issues framed by the court
Whether the detenue is in illegal custody and requires production before the court.
Whether a major has the right to choose her place of stay independent of parental guardianship.
P. Muthupandi
The Superintendent of Police, Sivagangai District
The Deputy Superintendent of Police, Karaikudi
The Inspector of Police, Karaikudi South Police Station
Pugalenthi
M.M. Sundresh
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
