Allowed

P.Karthick v. the Commissioner of Police

Madras HC8 Nov 2018HCP(MD)/1525/2018

Case brief

AI extract

What is this about?

The Madurai Bench allowed a Habeas Corpus petition filed by a husband seeking the release of his 20-year-old wife held in parental custody. After being produced before the court, the wife stated she voluntarily married the petitioner and wished to leave. The court allowed her to go with the petitioner and directed police protection.

What did the court decide?

The detention petition was closed; the detenu was allowed to go with the petitioner, and the second respondent was directed to provide police protection.

P.Karthick Vs the Commissioner of Police — Constitutional and Fundamental Rights | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 08.11.2018

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI

¶6

H.C.P.[MD].No.1525 of 2018

P.Karthick

: Petitioner

Vs.

1.The Commissioner of Police, Trichy City, Trichy.

¶11

2.The Inspector of Police, Srirangam Police Station, Trichy City.

¶12

3.The Inspector of Police, All Women Police Station, Srirangam, Trichy City.

¶13

4.Mariappan 5.Venkatesan

¶14

6.Govindaraj : Respondents

¶15

PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to secure the detenu Malathi, W/o.P.Karthick, aged about 20 years from the illegal custody of the respondents 4 to 6 and produce her before this Court and set her at liberty.

¶16

For Petitioner : Mr.T.Lenin Kumar

¶17

O R D E R

¶18

The present Habeas Corpus Petition has been filed by the https://hcservices.ecourts.gov.in/hcservices/ husband of the detenu, seeking a Writ of Habeas Corpus, directing the respondents 1 and 2, to secure the detenu Malathi,

¶19

¶20

W/o.P.Karthick, aged about 20 years from the illegal custody of respondents 4 to 6 and produce her before this Court and set her at liberty.

¶21

In the affidavit filed in support of this Habeas Corpus Petition, it has been averred that the said Malathi fell in love with the petitioner. On 15.10.2018, the petitioner married her in a temple at Trichy. When this came to the knowledge of respondents 4 to 6, on 16.10.2018, they lodged a complaint before the third respondent. Hence, the third respondent called the said Malathi/detenu for enquiry. After enquiry, the third respondent forcibly handed over her to the sixth respondent.

¶22

According to the petitioner, the detenu Malathi ie., his wife is aged about 20 years and now she is under the illegal custody of respondents 4 to 6. Hence, he has come up with the present Habeas Corpus Petition.

¶23

Today, when the Habeas Corpus Petition was taken up for consideration, the detenu was produced before this Court. When we enquired the detenu, on enquiry, she has stated that she voluntarily married the petitioner and presently, she is under the illegal custody of her father and mother and she expressed her willingness to go along with the petitioner.

¶24

In view of the above, since the detenu is a major and she is also willing to go along with the petitioner, this Court has no other alternative except to allow her to take her own decision.

¶25

Recording the said submission made by the detenu, this Habeas Corpus Petition is closed. The detenu is allowed to go along with the petitioner. The second respondent is directed to give police protection to the petitioner and the detenu till they reach their home at Trichy.

¶26

Sd/-

¶27

Assistant Registrar (CS-II)

¶28

// True Copy //

¶29

Sub Assistant Registrar(CS-I)

¶30

¶31

1.The Commissioner of Police, Trichy City, Trichy.

¶32

https://hcservices.ecourts.gov.in/hcservices/ 2.The Inspector of Police, Srirangam Police Station, Trichy City.

¶33

¶34

3.The Inspector of Police, All Women Police Station, Srirangam, Trichy City.

¶35

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶36

+1cc to Mr.T.Lenin Kumar, Advocate, Sr.No.94656.

¶37

ORDER MADE IN H.C.P(MD)NO.1525 OF 2018 08.11.2018

¶38

¶39

RAM-KK/RP/SAR 1/04.12.2018/3P/6C

¶40

https://hcservices.ecourts.gov.in/hcservices/

P.Karthick v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

P.Karthick v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Vishalatchi Vs the Director of Town and

Sonaimuthu Vs the Principal Secretary to

G. Nagamani Vs the Superintendent of Police