The petitioners sought habeas corpus for their daughter allegedly living with the petitioner's uncle. The court found no illegal custody and closed the petition, noting the matter was referred to mediation.
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.67 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.02.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
H.C.P.(MD).No.67 of 2024
M.Amutha @ Anna Lakshmi .. Petitioner/
Mother of the Detenue
Vs.
3.Santhanam
4.Sugesh .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the first and second respondents to produce a person or body of the petitioner's daughter namely the detenue by name M.Durga Devi D/o.Murugan (aged 22 years) before this Court and set her at liberty forthwith.
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H.C.P.(MD).No.67 of 2024
For Petitioner : Mr.S.Ashok For R-1 & R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
The present Habeas Corpus Petition is filed by the mother of 22 years old girl, alleging that her daughter has eloped with the third respondent, who is none other than the paternal uncle of the petitioner and that they are having cordial relationship, which is prohibited under the Hindu law.
H.C.P.(MD).No.67 of 2024
daughter is not under any illegal custody. She is alive and on her own, she is with the third respondent. Hence, the Habeas Corpus Petition is closed. However, the disposal of the Habeas Corpus Petition shall not stand in the way of any progress in the mediation proceedings, which has already been referred to by this Court.
(G.J.,J.) (C.K.,J.) 22.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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H.C.P.(MD).No.67 of 2024
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
H.C.P.(MD).No.67 of 2024
22.02.2024
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1 issue framed by the court
Whether the detained person is under illegal custody?
1 provisions across 1 enactments
M.Amutha @ Anna Lakshmi
The Superintendent of Police, Thoothukudi District
The Inspector of Police, SIPCOT Police Station, Thoothukudi
Santhanam
Sugesh
G.Jayachandran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
