In a writ petition, the High Court ordered the release of a detained minor girl who eloped to pursue her education and career. The Court directed the police to continue their investigation fairly.
The detenue was set at liberty; the second respondent (SP) directed to proceed with the investigation in Crime No. 105 of 2019.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2019 CORAM
THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR
HCP.No.570 of 2019
K.Radhakrishnan .. Petitioner/Father of the
Detenue
Vs.
1.The Superintendent of Police
Namakkal District.
2.The Inspector of Police
Pallipalayam Police Station
Namakkal District.
3.Santhosh Kumar .. Respondents
Prayer : Habeas Corpus Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Habeas Corpus directing the first and second respondents to produce petitioner's minor daughter namely Sowmiya, aged about 17 years, who is under illegal custody of the third respondent, before this Court and set the detenue at liberty
For Petitioner : Mr.M.Ravi For Respondents : Mr.C.Iyyappa Raj [R1 & R2 ] Additional Public Prosecutor
ORDER
The petitioner, who is the father of the detenue, namely Sowmiya [DOB :24.12.2001], had lodged a complaint on the file of the second respondent and it would state among other things that he got married to one Gomathi and out of wedlock, the detenue and one male child named Vimal Raj were born. Due to the difference of opinion, both of them were living separately for the past six
years. It is further stated by the petitioner that her daughter was doing her Higher Secondary Education in Krishnaveni Ammal Girls Higher Secondary School at Pallipalayam, and she was under the care and custody of her mother, and from 26.01.2019 onwards, she was found missing. The petitioner on enquiry, came to know that the detenue had eloped with the third respondent, on the premise that he had made a false promise to marry her.
2 issues framed by the court
Whether a habeas corpus petition should be allowed when the detenue is a major girl who eloped to pursue her career despite parental opposition to her marriage.
Whether the police investigation for elopement under Section 366(A) IPC should continue after the petitioner admits his allegations caused the girl's departure.
2 provisions across 2 enactments
K.Radhakrishnan
The Superintendent of Police, Namakkal District
The Inspector of Police, Pallipalayam Police Station, Namakkal District
Santhosh Kumar
M.Sathyanarayanan
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
