The Madras High Court dismissed a habeas corpus petition filed by the father of a 21-year-old girl. The Court held that the constitutional remedy is not available when detention is alleged based on love-vs-access disputes between a major girl and her father.
The Habeas Corpus Petition against illegal detention of Elakkiya, D/o Rangaraj, was dismissed.
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.379 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.379 of 2022
S.Mohan
... Petitioner
-vs-
1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.
2.The Inspector of Police, Raghunathapuram Police Station, Pudukottai District.
3.Rangaraj ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, to direct the respondents to produce body or person of the detenu Elakkiya, D/o.Rangaraj, aged 21 years before this Court and set her at liberty.
For Petitioner : Mr.K.M.Subramaniam For R1 & R2 : Mr.A.Thiruvadikumar
Additional Public Prosecutor
O R D E R
R.SUBRAMANIAN,J AND
N.SATHISH KUMAR,J
The petitioner seeks production of the person of one Elakkiya, aged about 21 years alleging that she is in illegal detention by her father.
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H.C.P.(MD) No.379 of 2022
Assistant Registrar (CS-III)
// True Copy //
am
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, Pudukottai District. 2.The Inspector of Police, Raghunathapuram Police Station, Pudukottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.379 of 2022 10.03.2022 SAR(CO) KB(24.03.2022) 2P 4C
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3 issues framed by the court
Whether a petition under Article 226 for habeas corpus is maintainable when the petitioner claims illegal detention of a major girl solely because he is in love with her and wants access.
Whether a major girl living in her parents' house who is in illegal detention by her father can have a writ of habeas corpus issued in her name.
Whether this petition falls under illegal custody or lack of criminal jurisdiction for habeas corpus purposes.
1 provisions across 1 enactments
S.Mohan
The Superintendent of Police
The Inspector of Police
Rangaraj
R.Subramaniam
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
