The High Court dismissed a Habeas Corpus petition filed by the father of Sasikala, alleging illegal custody. Upon production of the detenue, she stated she left voluntarily to marry the third respondent. Finding no illegal custody, the Court closed the petition.
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: 16.11.2018
CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI
H.C.P(MD)No.1534 of 2018
Murugan
: Petitioner
Vs.
3.Vairamoorthy : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the person or body of detenue, namely Sasikala, D/o.Murugan, aged about 19 years, before this Court and set her at liberty.
For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor for R.1 & R.2 M/s.V.Karuna for R.3
ORDER
(Order of the Court was made by R.SUBBIAH, J.)
The present Habeas Corpus Petition has been filed by the father of the detenue, seeking a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the person or body of the detenue, namely, Sasikala, aged about 19 years, before this Court and set her at liberty.
2
no effective steps have been taken by the respondents police to trace out the detenue and hence, the petitioner has come up with the present Habeas Corpus Petition.
Sd/
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar(CS-II)
To
2.The Inspector of Police, Lalapettai Police Station, Karur District.
+1 cc to Mr.V.Karuna,Advocate,SR.95620
gk/ssl
SS/RSK/SAR 2/17.12.2018/2P/4C
ORDER MADE IN HCP(MD)No.1534 of 2018 16.11.2018
2 issues framed by the court
Whether a Writ of Habeas Corpus is maintainable when the detenue is voluntarily married and not in illegal custody.
Whether the petition survives for adjudication given the detenue's explanation.
1 provisions across 1 enactments
Murugan
The Superintendent of Police, Karur District
The Inspector of Police, Lalapettai Police Station
Vairamoorthy
R. Subbiah
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
