Habeas Corpus petition dismissed. Court held it cannot compel an adult daughter to join family. Ordered police to assist in getting her consent for son's hospital admission due to illness.
Directed Police to assist petitioner in getting consent of missing daughter Deepa for admitting her son aged 13 years in hospital.
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.119 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.02.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
H.C.P.(MD).No.119 of 2024
K.Mangaleswari .. Petitioner/Mother of Detenue
Vs.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 & 2 to produce the body or person of the petitioner's daughter namely Deepa aged 33 years, D/o.Krishnan before this Court and set her at liberty.
For Petitioner : Mr.S.S.Sundarapandian For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor
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H.C.P.(MD).No.119 of 2024
ORDER
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
The mother of one Deepa, aged about 33 years, is the petitioner herein. Alleging that her daughter Deepa had gone missing from 24.11.2023, deserting her husband and two children and her whereabouts are not known, the present Habeas Corpus Petition is filed after lodging a complaint to the respondent Police.
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H.C.P.(MD).No.119 of 2024
(G.J.,J.) (C.K.,J.) 27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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H.C.P.(MD).No.119 of 2024
To
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H.C.P.(MD).No.119 of 2024
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
H.C.P.(MD).No.119 of 2024
27.02.2024
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2 issues framed by the court
Whether a writ of Habeas Corpus can be issued to compel an adult woman to join her family against her will.
Whether the Court can direct police to assist in obtaining consent from a missing woman for her children's hospital admission.
2 provisions across 1 enactments
K.Mangaleswari
The Superintendent of Police
The Inspector of Police
DR.Justice G.Jayachandran
MR.Justice C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
