Dismissed

P.Malarvizhi v. the Superintendent of Police

Madras HC14 Mar 2019HCP/529/2019

Case brief

AI extract

What is this about?

In this Habeas Corpus petition, the mother sought liberty for her missing daughter, P. Kanimozhi. The court found the major detenue was voluntarily present, had married, and was not under illegal confinement, holding no further orders were necessary and closing the petition.

What did the court decide?

The petition was closed with no further orders as the detenue is at liberty and not under illegal confinement.

P.Malarvizhi Vs the Superintendent of Police — Matrimonial and Divorce | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.03.2019

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CORAM:

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THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN

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and

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THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR

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H.C.P.No.529 of 2019

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Malarvizhi .. Petitioner / Petitioner

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Vs. 1. The Superintendent of Police Thiruvallur District – 602 001. 2. The Inspector of Police B-5 Manavala Nagar Police Station Manavala Nagar Thiruvallur District – 602 002. .. Respondents / Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the second respondent to cause the protection of the body of the detenu P.Kanimozhi, D/o.Panneer Selvam, aged about 22 years old, and produce before this Court and set her at liberty. For Petitioner .. Mr.E.Gajendran For Respondents .. Mr.C.Iyyapparaj Additional Public Prosecutor ORDER

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(Order of the Court was made by M.SATHYANARAYANAN, J)

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The petitioner is the mother of the detenue namely P.Kanimozhi, aged about 22 years (D.O.B : 04.10/1996). According to the petitioner, her daughter, the detenue was pursuing her Master Degree in Commerce in Bakthavachalam Arts and Science College, Korattur and as usual, she went to college on 04.03.2019 in a two wheeler and she did not return home, and thereafter, the efforts taken by her family members to trace her out, was futile. Therefore, she lodged a complaint before the second respondent-police, based on which, a case in Crime No.93 of 2019 came to be registered for “girl missing”. Since no

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

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action was taken by the respondent-police thereafter, the petitioner, the mother of the detenue has come forward to file the present Habeas Corpus Petition.

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Today, when the matter is called, the detenue along with one Deepan Raj, S/o.Thiru Govindharaj, resident of 143, Adhi Dravidar Colony, Ananthapuram Village, Thakkolam Post, Vellore are present before the Court. The parents of both the detenue and Deepan Raj are also present along with their respective counsels.

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The detenue was enquired by this Court and she would state that she had developed love affair with Deepan Raj and on her own volition, she left her parental home and got married on 25.02.2019 and their marriage was registered on 04.03.2019 by the Marriage Registrar, SRO Oothukkottai, vide Certificate of Registration of Marriage bearing No.TMR/Oothukkottai/132/2019 and would further state she is being looked after with care and love by her husband Deepan Raj and her in-laws.

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Mr.Deepan Raj, the husband of the detenue, who is present before this Court, would state that out of pure love and affection, he got married the detenue and he is at present working as an Air Conditioning Mechanic and he would take care of the detenue, and the same assurance was also given by his parents.

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The parents of the detenue is also present before this Court and the petitioner, the mother of the detenue is enquired and she would state that since the detenue has demanded that she should be given Post Graduate Education, they have admitted her in Bakthavachalam Arts and Science College, Korattur, and there was not even a hint as to her love affair with Deepan Raj, and when they came to know about her marriage, they rescind to their fate.

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Mr.C.Iyyaparaj, learned Additional Public Prosecutor appearing for the State would submit that the detenue on her own accord appeared before the learned Judicial Magistrate No.II, Tiruvallur on 08.03.2019, and made a statement that she being a major, decided to lead her life at her own choice, and she left the parental home on her own volition and got married. Her statement was recorded by the learned Magistrate.

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In the light of the above facts and circumstances that the detenue is well educated, she is a major, aged about 22 years and she has all rights to decide her future course of events, and that on her own volition, she took a decision to marry Deepan Raj, and left her parental home, and that the detenue is not under illegal custody or under confinement in the hands of somebody, this Court is of the considered view that the detenue being a major, she is at liberty to take a decision of her own choice to take care of her future life, no further orders are necessary in this Habeas Corpus Petition and accordingly this petition is closed.

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Sd/-
Assistant Registrar (CS-VIII)
//True Copy//
Sub Assistant Registrar
ds
To:
1. The Superintendent of Police
Thiruvallur District – 602 001.
2. The Inspector of Police
B-5 Manavala Nagar Police Station
Manavala Nagar
Thiruvallur District – 602 002.
3. The Public Prosecutor
High Court, Madras.
H.C.P.No.529 of 2019
KJ(CO)
SSM(12/04/2019)

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P.Malarvizhi v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

P.Malarvizhi v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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