Muthuraj v. the Superintendent of Police
Case brief
What is this about?
In a habeas corpus petition regarding the missing daughter of the petitioner, the Madurai Bench of Madras High Court produced the 16-year-old minor. Upon the girl expressing willingness to return to her parents, the court restored her custody to the petitioner and her wife, effectively closing the petition. No specific legal proposition was elaborated beyond the factual circumstances.
What did the court decide?
Custody of the minor detenue handed over to the petitioner and his wife; Habeas Corpus Petition closed.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA
H.C.P(MD)No.200 of 2018
Muthuraj ... Petitioner
Vs.
1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Narikudi Police Station, Virudhu Nagar, Virudhunagar District.
3.Rajesh ... Respondents
Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the 1st and 2nd Respondents to procure the presence and produce the person or body of the detenue, minor daughter Pandiselvi, aged about 16 years, D/o. Muthuraj, from the illegal detention of the 3rd Respondent and entrust her custody to the petitioner.
For Petitioner : Mr.R.Murugan
For Respondents 1 & 2 : Mr.C.Ramesh, Additional Public Prosecutor
Issues for consideration
2 issues framed by the court
Whether custody of a 16-year-old minor girl who voluntarily eloped and married and expressed willingness to go back to her parents can be restored to her father.
Whether an Article 226 writ petition for habeas corpus against illegal detention of a minor daughter is maintainable and how it should be closed.
Parties & counsel
- petitioner
Muthuraj
- respondent
Superintendent of Police, Virudhunagar
- respondent
Inspector of Police, Narikudi
- respondent
Rajesh
Coram
Case details
As recorded by the court registry
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