Dismissed

N.Basavaraj v. the Superintendent of Police

Madras HC15 Apr 2019HCP/634/2019

Case brief

AI extract

What is this about?

Petitioner filed a Habeas Corpus petition challenging the detention of his minor daughter. The detainee produced stated she voluntarily left home, married the third respondent, and is pregnant. The Court found she is educated and capable of understanding consequences. The Court refused to force her to return against her wish.

What did the court decide?

The detenue B.Jeevitha is set at liberty to decide her future call.

N.Basavaraj Vs the Superintendent of… — Constitutional and Fundamental Rights | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.04.2019

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CORAM:

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THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and

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THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR

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H.C.P.No.634 of 2019

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N.Basavaraj .. Petitioner
Vs.
1.The Superintendent of Police
Office of the Superintendent of Police-Ooty
Nilgiris.
2.The Inspector of Police
Law and Order
Denadukombai Police Station
Ooty, Nilgiris.
3.Karthik .. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents herein to produce the minor girl B.Jeevitha, daughter of N.Basavaraj, aged 17 years, who has unlawfully confined under the custody of the third respondent herein before this Court and handover her custody to the petitioner herein.

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For Petitioner .. Mr.A.Palaniappan

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For Respondents.. Mrs.V.Sarathadevi Government Advocate [R1 & R2] ORDER (Order of the Court was made by M.SATHYANARAYANAN, J)

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The petitioner, who is the father of the detenue namely B.Jeevitha [DOB:07.07.2001], alleging illegal custody and detention of her daughter at the hands of the third respondent, came forward to file this Habeas Corpus Petition and the same

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

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has been entertained by this Court on 26.03.2019.

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Today, the detenue is produced before this Court and she would state that she is in love with the third respondent and on her own volition, she left the parental home and married the third respondent on 09.12.2018. Their marriage was an intercaste marriage and now she is in her family way.

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The aunt/junior mother of the third respondent is also present and she would state that she will take care of the detenue, who is now in her family way. She also assured that she will not force anything upon the detenue against her wish, especially with her right to follow her own religion.

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The parents of the detenue are also present before this Court, and they would state that the detenue had completed her Higher Secondary Education and without realising the consequences of her marriage with the third respondent, and being fascinated by the sweet words of the third respondent and his family members, she had deserted the parental home. Further, the parents of the detenue apprehending safety and well-being of the daughter, seeks leave of this Court to give suitable and proper advise to her daughter, so that she may return to her parental home.

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This Court heard the submissions of the learned counsel appearing for the petitioner and also perused the materials placed before it.

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Though the fact remains that as on date, the detenue is a minor, but, she being an educated girl, who had completed her Higher Secondary Education, and she is in an able position to understand the consequences of being in the company of the third respondent, and that too, now she is in her family way, this Court is not in a position to force her to do something, which is against her wish. Therefore, the detenue namely B.Jeevitha is set at liberty, so as to enable her to decide her future call.

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This Habeas Corpus Petition is disposed of accordingly.

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//True copy//

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Sub Assistant Registrar

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

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To:

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1.The Superintendent of Police Office of the Superintendent of Police-Ooty Nilgiris.

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2.The Inspector of Police, Law and Order Denadukombai Police Station Ooty, Nilgiris.

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3.The Public Prosecutor, High Court, Madras.

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H.C.P.No.634 of 2019
BR(CO)
GMY(28/05/2019)

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

N.Basavaraj v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

N.Basavaraj v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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