Gopi Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

Gopi Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Relief as prayed (production and custody of the daughter to the petitioner) was not granted. The detenu, having attained majority, was found not to be under illegal detention and was permitted to continue her matrimonial relationship with the 3rd respondent, who undertook to care for her; the petitioner and his family were restrained from interfering with their peaceful living, with liberty to the couple to approach the jurisdictional police in case of interference.

Issue for consideration

Whether the petitioner's daughter Padmasree is under illegal detention by the 3rd respondent, and whether respondents 1 and 2 should produce her and hand over her custody to the petitioner. +1 more

Court's answer

The detenu's date of birth is 13.12.2006 and she has thereby attained the age of 18 years, i.e., the age of majority.

Ratio / Principle

Since the detenu has attained the age of majority and is living with the 3rd respondent as husband and wife, the Court is of the opinion that the detenu is not under illegal detention.

Key takeaways

The detenu is in her family way; the Court allows her to continue her matrimonial relationship with the 3rd respondent, who undertakes to take care of his wife/detenu.ratio¶27
The petitioner and his family members cannot interfere with the peaceful living of the 3rd respondent with the detenu; in the event of any unnecessary interference, the 3rd respondent or the detenu may approach the jurisdictional police for initiation of all appropriate actions.ratio¶29

Detailed headnote1 paragraphs

Habeas Corpus (Madras High Court, H.C.P.No.2311 of 2024, decided 20.01.2025) – Father (petitioner) sought production and custody of his daughter Padmasree, alleged to be a 17-year-old minor illegally detained by the 3rd respondent (Naveen). The 2nd respondent police produced the detenu along with the 3rd respondent; the parties were examined. The Court recorded the detenu's date of birth as 13.12.2006, so she had attained 18 years (majority). The detenu had married the 3rd respondent, whose family accepted the marriage, while the petitioner's family disputed it; the detenu was in her family way. Holding that the detenu, being a major and living with the 3rd respondent as husband and wife, was not under illegal detention, the Court allowed her to continue the matrimonial relationship, with the 3rd respondent undertaking to care for her. The petitioner and his family were directed not to interfere with their peaceful living, failing which the couple could approach the jurisdictional police for appropriate action. Petition disposed of accordingly.

HCP.No.2311 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

H.C.P.No.2311 of 2024

Gopi ... Petitioner Vs 1. The Superintendent of Police, Tiruvallur District, Tiruvallur.

The Inspector of Police, Thiruthani Police Station, Thiruthani, Tiruvallur District. (Cr.No.800/2024)

Naveen ... Respondents

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 herein to produce the petitioner's daughter by name "Padmasree" who is aged about 17 years and minor, who has been illegally detained by the 3rd respondent herein, before this Court an hand over the custody of the petitioner's daughter to the petitioner.

For Petitioner : Mr. M. R. Jothimanian

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HCP.No.2311 of 2024

For Respondents : Mr. R. Muniyapparaj, Additional Public Prosecutor for R1 & R2 : R3- not

ORDER

(Order of the Court is made by S.M.SUBRAMANIAM, J. )

The writ of Habeas Corpus Petition has been instituted to direct the respondents 1 and 2 to produce the petitioner's daughter, Padmasree, allegedly detained by the 3rd respondent.

The 2nd respondent, Inspector of Police, Thiruthani Police Station, secured and produced the detenu along with the 3rd respondent. The parents of the detenu are also present before this Court. We have examined the parties.

The date of birth of the detenu is 13.12.2006. Thus, she has attained the

age of 18 years. The 3rd respondent is aged about 25 years and working as mechanic. It is informed before this Court that the detenu and the 3rd respondent got married and the family members of the 3rd respondent accepted the marriage. However, the parents of the detenu has not accepted the marriage and disputing the same.

Since the detenu now attained the age of majority and living with the 3rd

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HCP.No.2311 of 2024

respondent as husband and wife, this Court is of the opinion that the detenu is not

under illegal detention. The detenu is in her family way. That being so, we allow the detenu to continue her matrimonial relationship with the 3rd respondent and the 3rd respondent undertakes that he will take care of his wife/detenu.

The petitioner or his family members cannot interfere with the peaceful

living of the 3rd respondent with the detenu. In the event of any unnecessary interference, the 3rd respondent or the detenu is at liberty to approach the jurisdictional police for initiation of all appropriate actions.

With the above observation and direction, this Habeas Corpus Petition stands disposed of.

[S.M.S., J.] [M.J.R., J.] 20.01.2025 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No

mrp

S.M.SUBRAMANIAM, J.

AND

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HCP.No.2311 of 2024

M.JOTHIRAMAN, J.

mrp

To

The Superintendent of Police, Tiruvallur District, Tiruvallur.

The Inspector of Police, Thiruthani Police Station, Thiruthani, Tiruvallur District.

The Public Prosecutor, High Court, Madras.

H.C.P.No.2311 of 2024

20.01.2025

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