Petitioner sought Habeas Corpus for his adult daughter who voluntarily left her husband. Court held petition misconceived as daughter, a major, voluntarily left home; earlier petition by husband dismissed. Writ dismissed.
Petition for habeas corpus dismissed; daughter directed to be set at liberty as custody is lawful.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2017 CORAM: THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM H.C.P.[MD].No.908 of 2017 P.Kanniah : Petitioner
Vs.
1.The Superintendent of Police, Pondicherry.
2.The Superintendent of Police, Trichy District, Trichy.
3.The Inspector of Police, Mangalam Police Station, Villianur Taluk, Pondicherry.
4.The Inspector of Police, Manapparai Police Station, Trichy.
5.R.Palaniappan 6.Rajakannu : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body and person of Ms.Premalatha, D/o.Kanniah, aged 20 years, from the illegal custody of the respondents 5 and 6 herein, before this Court and set her at liberty.
For Petitioner : Mr.V.Janakiramalu
For Respondents 1to 4 : Mr.T.Mohan Additional Public Prosecutor
O R D E R
[Order of the Court was made by The Hon'ble Chief Justice] In this Writ Petition, the petitioner has sought a Writ, in the nature of Habeas Corpus for production of his daughter - Ms.Premalatha, aged about 20 years, before this Court from the alleged illegal custody of the respondents 5 and 6.
https://hcservices.ecourts.gov.in/hcservices/ 2. It appears that the said Premalatha, daughter of the Writ Petitioner, had married the fifth respondent, who is the son of
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the sixth respondent. She, however, went missing, whereupon the fifth respondent filed a Writ Petition in this Court seeking a Writ of Habeas Corpus for her production before this Court. Thereafter, investigations were conducted. The said Premalatha was detected and she gave a statement to the effect that she had voluntarily left her husband.
Sd/Assistant Registrar(CO)
/ True Copy /
To
1.The Superintendent of Police,Pondicherry.
2.The Superintendent of Police,Trichy District, Trichy.
3.The Inspector of Police, Mangalam Police Station,Villianur Taluk, Pondicherry.
4.The Inspector of Police, Manapparai Police Station,Trichy.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.V.JANAKIRAMULU, Advocate SR.No.62047
NB
MAS/GT/SAR2:07.07.2017:2P-7C
ORDER MADE IN H.C.P.[MD].No.908 of 2017 22.06.2017
3 issues framed by the court
Whether a writ of Habeas Corpus should issue against parents who acquiesced to an adult daughter voluntarily leaving her home after marriage.
Whether the daughter's voluntary departure from the husband's home justifies dismissing the petition filed by the natural father.
If the alleged custody is lawful due to voluntary absence, the writ of Habeas Corpus is dismissed.
Colour shows how this judgement treated each authority
H.C.P. (MD).No.899 of 2017Referred¶18
P.Kanniah
Premalatha
R.Palaniappan
Rajakannu
Indira Banerjee
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
