Dismissed

Kavitha v. The Commissioner of Police

Madras HC26 Feb 2024HCP(MD)/268/2024

Case brief

AI extract

What is this about?

In this habeas corpus petition, the mother sought to produce her 20-year-old daughter at liberty. The court dismissed the petition, holding it not maintainable as the daughter had attained majority, voluntarily married, and the facts regarding her elopement and marriage were suppressed.

What did the court decide?

The Habeas Corpus Petition is dismissed on grounds of suppression of facts, attainment of majority, and voluntary marriage of the detenu.

Kavitha Vs The Commissioner of Police — Matrimonial and Divorce | Madras HC (2024)

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H.C.P.(MD) No.268 Of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED:26.02.2024

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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H.C.P.(MD) No.268 of 2024

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Kavitha

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...Petitioner/Mother the detenu

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-vs-

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1.The Commissioner of Police, Madurai City.

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2.The Inspector of Police, KoodalPudur Police Station, Madurai City. ... Respondents

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PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus directing the respondents herein to secure and produce the body or person of the detenue namely, Jeeyasree, daughter of Jeyakumar, aged about 20 years before this Court and set her at liberty.

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For Petitioner : Mr.G.Vishnuraj

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For Respondents : Mr.RMS.Sethuraman, Addl.Public Prosecutor

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1/5

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.268 Of 2024

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O R D E R

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DR.G.JAYACHANDRAN,J. AND C.KUMARAPPAN,J.

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This habeas corpus petition has been filed by the mother of the detenu, seeking for a direction to the respondents to produce the body or person of the detenue namely, Jeeyasree, daughter of Jeyakumar, aged about 20 years before this Court and set her at liberty.

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2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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3.The mother of the girl, aged 20 years, has given a complaint to the Koodal Pudur Police Station on 10.2.2024 alleging that her daughter who has completed B.Sc Physics and preparing for TNPSC exam, gone missing from 5.2.2024 and therefore, sought the help of the respondents Police to trace her missing daughter.

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4.However, the respondents Police on or about the same time, had received a letter from Jeeyasree, daughter of Jeyakumar stating that she had affair with one Raja and had eloped with him and due to repercussion

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2/5

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.268 Of 2024

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from the family members, she got married the said Raja and thereafter register their marriage on 7.10.2022 which was made known to the family and her family members. As she was having life threat, during January 2022, she left the home and living with the said Raja. Suppressing these facts, complaint has been given.

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5.Photographs of the marriage ceremony and the Marriage Registration Certificate issued in the Sub-Registrar’s Office, Dindigul, dated 7.10.2022 also enclosed.This Habeas Corpus Petition is liable to be dismissed, on the ground of suppression of facts and upon the fact that the girl had attained majority and on her own, she had married one Raja and living with him. The marriage certificate produced before this Court indicates that the Petitioner’s daughter is a major. Hence, the Habeas Corpus Petition is devoid of merits and not maintainable..

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6.Accordingly, the Habeas Corpus Petition stands dismissed.

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[G.J.,J.] [C.K.,J.]

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26.02.2024

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NCS : Yes/No Index : Yes / No Internet : Yes / No vsn

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3/5

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.268 Of 2024

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To:

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1.The Commissioner of Police, Madurai City.

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2.The Inspector of Police, KoodalPudur Police Station, Madurai City.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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4/5

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.268 Of 2024

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DR.G.JAYACHANDRAN,J. AND C.KUMARAPPAN,J.

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vsn

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ORDER MADE IN

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H.C.P.(MD) No.268 of 2024

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26.02.2024

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5/5

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https://www.mhc.tn.gov.in/judis

Kavitha v. The Commissioner of Police

Case brief

What is this about?

What did the court decide?

Kavitha v. The Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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