Petitioner filed a writ petition for production of his daughter who was allegedly in illegal custody. The court found the daughter had voluntarily lived with the third respondent, is major, and disinclined to go with parents, dismissing the petition.
Petition for production of the detenue is dismissed as illegal detention is not made out.
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.
H.C.P.(MD) No.234 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2022 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.234 of 2022
Subramanian ... Petitioner/
Father of Detenu
Vs.
1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Inspector of Police, Athirampattinam Police Station, Thanjavur District. Crime No.711 of 2021
3.V.Balamurugan
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the second respondent herein to secure the detenue and produce the body or person of the detenue, namely Prasanthini, D/o.Subramanian, aged 25 years from the illegal custody of the third respondent and produce the petitioner's daughter before this Court and set her at liberty.
For Petitioner : Mr.R.Mathiyalagan For Respondents 1 & 2 : Mr.S.Ravi Additional Public Prosecutor For Detenue : Mr.Arun Prasad
O R D E R
R.SUBRAMANIAN, J. AND
N.SATHISH KUMAR, J.
The petitioner seeks for production of the person of his daughter Prasanthini, who is said to be missing since 27.09.2021.
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H.C.P.(MD) No.234 of 2022
gone with him out of her own volition. She also expresses her disinclination to go with her parents. She adds that she has married the said Balamurugan.
rm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:
1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Inspector of Police, Athirampattinam Police Station, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.234 of 2022 01.03.2022
RK(16/03/2022) 2P 4C
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1 issue framed by the court
Whether a Habeas Corpus petition lies when the detenue has voluntarily joined the third respondent and expressed disinclination to return with parents.
1 provisions across 1 enactments
Subramanian
The Superintendent of Police, Thanjavur District
The Inspector of Police, Athirampattinam Police Station
V. Balamurugan
R. Subramanian
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
