Allowed

T.Nizarudeen v. the Superintendent of Police

Madras HC8 Feb 2021HCP/123/2021

Case brief

AI extract

What is this about?

This Habeas Corpus petition was permitted to set the liberty of an adult woman detainee kept against her will by her relatives. The petitioner, who had married her, sought her production and release. The Court found that Valli, an adult, desired to be with the petitioner and insisted on liberty, thus setting her free.

What did the court decide?

The Habeas Corpus Petition is allowed to set the detenue at liberty.

T.Nizarudeen Vs the Superintendent of Police — Child Custody and Guardianship | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 08.02.2021

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CORAM

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THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND

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THE HONOURABLE Mr.JUSTICE V.SIVAGNANAM

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H.C.P.No.123 of 2021

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T.Nizarudeen .. Petitioner

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1.The Superintendent of Police O/o.The Superintendent of Police Tiruvarur District, Tiruvarur.

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2.The Inspector of Police Valangaiman Police Station Tiruvarur District.

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3.Vengatesh .. Respondents

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Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 2^nd respondent to bring the body of the detenue viz. Naseema Parveen @ Valli, aged 20 years from the illegal custody of the 3^rd respondent and his relatives and produce before this Hon'ble Court and set her liberty

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It is the case of the petitioner that, he is a Muslim and that, he and Valli, a Hindu were in love with each other; Valli converted to Islam and assumed the name Naseema Parveen and got married to him on 10.10.2020; this was not to the liking of Valli's parents and therefore, they are keeping her in their illegal custody.

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

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Today, Mr.P.Dharmaraj, Special Sub Inspector of Police, Valangaiman Police Station is present before this Court.

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On the directions of this Court, Valli was produced before this Court. When enquired, she stated that her date of birth is 21.06.2000 and is studying M.Com. in Sengamalam College. She further stated that she wants to be with the petitioner. Valli's mother Chitra is also present before this Court. She stated that Valli's father is abroad and his brother Venkatesan (3^rd respondent) is taking care of household. She pleaded that until Valli's father returns from abroad, Valli may be directed to be with her. However, Valli is not willing to be with her mother and insisted that she will be only with the petitioner. Since Valli is not a minor and she is capable of taking informed decisions, we are setting her at liberty to chalk out her own life.

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In the result, this Habeas Corpus Petition is allowed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
gya
To
1.The Superintendent of Police
Tiruvarur District, Tiruvarur
2.The Inspector of Police
Valangaiman Police Station
Tiruvarur District
3.The Public Prosecutor
High Court, Madras.
+1cc to Mr.K.Ezhumalai, Advocate, SR.No.7457.
+1cc to Mr.D.Veerasekaran, Advocate, SR.No.7166.

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H.C.P.No.123 of 2021 JP-II(CO) CSR: 09.03.2021

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

T.Nizarudeen v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

T.Nizarudeen v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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