Pushpavalli v. State Rep.by Its
Case brief
What is this about?
In a Habeas Corpus petition regarding a 19-year-old woman's disappearance, the Court found she had voluntarily eloped with a 19-year-old college mate against parental wishes. As the detenue was a major, she was entitled to decide for herself; the custody was not illegal, and the petition was closed.
What the court decided
A compact analysis
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: 19.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
H.C.P.No.252 of 2020
Pushpavalli
... Petitioner/Mother of the Detenue
Vs. State rep. by The Inspector of Police, Old Washermenpet Police Station, Chennai. ... Respondent/Respondent Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus to direct the respondent to produce the body or person by this Court to the petitioner's daughter, namely Vinitha, D/o Moorthy, aged about 19 years, before this Court and set her at liberty forthwith.
For petitioner : Mr.R.Sasikumar For respondent : Mr.R.Prathap Kumar, Addl.P.P. ORDER
(The Order of the Court was made by R.Subbiah,J)
Issues for consideration
2 issues framed by the court
Whether the petitioner's daughter is in illegal custody justifying issuance of a Writ of Habeas Corpus.
Whether the petitioner's daughter, being a major, has the right to decide her own future and marriage.
Parties & counsel
- petitioner
Pushpavalli
- respondent
State rep. by The Inspector of Police, Old Washermenpet Police Station, Chennai
Coram
R.Subbiah
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court