Habeas corpus petition filed to produce a missing woman. Respondents argued investigation revealed she was the petitioner's sister, not wife, making custody legal. Petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2022
CORAM
THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
H.C.P.NO.609 OF 2022
S.Jayabarathy .. Petitioner
Vs.
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the victim viz., Nivetha, W/o.Jayabarathy, aged about 20 years, who is now under illegal custody of her parents, before this Court.
For Petitioner : Mr.K.Natarajan
For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor
ORDER
This habeas corpus petition has been filed seeking a direction to the respondents to produce the victim viz., Nivetha, W/o.Jayabarathy, aged about 20 years, who is now under the illegal custody of her parents, before this Court.
Prosecutor submitted that on a complaint given by Jayasakthi, mother of Nivetha, a case in Mandharakuppam Police Station Crime No.209 of 2022 was registered on 21.03.2022 for 'woman missing' and during the course of investigation, it came to light that the petitioner is the first cousin of Nivetha on her paternal side; in other words Nivetha is the sister of the petitioner.
Nivetha is in the illegal custody of her parents for the issuance of a writ of habeas corpus.
In the result, this habeas corpus petition stands dismissed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
nsd
To
+1cc to Mr.K.Natarajan, Advocate, S.R.No.27419
H.C.P.No.609 of 2022
GSM(CO)
PM/04/05/2022
1 issue framed by the court
Whether a habeas corpus petition can be maintained where the victim is in the custody of her parents despite the petitioner's claim of marriage.
1 provisions across 1 enactments
S. Jayabarathy
State represented by The Superintendent of Police, Cuddalore District
Deputy Superintendent of Police, Cuddalore
Inspector of Police, Mantharakuppam Police Station
P.N. Prakash
A.A. Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
