High Court petition seeking writ of Habeas Corpus regarding missing daughter. Court found the daughter eloped and married voluntarily; case of illegal custody not made out. Petition disposed without further directions.
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HCP(MD)No.149 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.03.2023
CORAM
THE HON'BLE DR JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
H.C.P.(MD)No.149 of 2023
Murugan
.. Petitioner /Father of
the Detenu
Vs.
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's daughter namely Kavitha, D/o.Murugan, aged about 22 years, the detenu herein before this Court and set her at liberty.
For Petitioner :Mr.M.Sivasankar
For Respondents :Mr.R.Meenakshi Sundaram Additional Public Prosecutor
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HCP(MD)No.149 of 2023
DR G.JAYACHANDRAN,J. and K.K. RAMAKRISHNAN,J.
ORDER
The father of one Kavitha before this Court alleging that his daughter was working in TVS Company in Hosur, came home for Pongal Holiday and thereafter went missing from 16.01.2023. In spite of giving complaint to the police on 18.01.2023, not acted upon. Hence, the present Habeas Corpus Petition is filed.
2.The police, in response to the complaint, reports before this Court that the petition given by one Murugan alleging that his daughter aged about 22 years old gone missing since 16.01.2023, has taken up the investigation and traced the daughter of the petitioner at Kadalur. She has reported to the police that she was in love with one Rajkumar, while she was working in TVS Company Hosur and married him on 13.12.2022. The marriage has also been duly registered before the Sub-Registrar Office, Kadalur. She, on her own, had married the said Rajkumar and nobody abducted her or kept under illegal custody.
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HCP(MD)No.149 of 2023
3.The letter of Kavitha and the Marriage Registration Certificate,
dated 13.12.2022 also enclosed along with the photographs of Kavitha with Rajkumar.
4.This Court is satisfied that it is not a case of any illegal custody or missing of a elder girl. It is an elopement on her own and now, she has married to Rajkumar and also it is stated that she apprehends life threat at the hands of her parents, since she had married the said Rajkumar against their wish.
5.In view of the above, this Habeas Corpus Petition is disposed of.
(G.J.,J.) (K.K.R.K.,J.) 01.03.2023
NCC:Yes/No Index:Yes/No Internet:Yes/No
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HCP(MD)No.149 of 2023
DR G.JAYACHANDRAN,J. and K.K. RAMAKRISHNAN,J. Ns
To
H.C.P.(MD)No.149 of 2023
01.03.2023
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3 issues framed by the court
Whether a discharge order is called for on petition maintaining that daughter has married against the father's wish and faced threat from family.
Whether there is illegal custody of the petitioner's alleged missing daughter.
Whether the petitioner is entitled to a writ of Habeas Corpus and direction to the respondents to produce the body or set her at liberty.
1 provisions across 1 enactments
Murugan
Superintendent of Police, Tirunelveli District
Inspector of Police, Tirunelveli Taluk Police Station
G.Jayachandran
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
