Vijila Elvi Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

Vijila Elvi Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Custody of the third respondent handed over to the Inspector of Police, North Police Station, Tuticorin, to take further action in accordance with law; respondents 1 and 2 to examine other offences committed by him and include them in the FIR; Habeas Corpus Petition closed.

Issue for consideration

Whether the detenue Maria Vijiliya Ramya, aged about 18 years, daughter of the petitioner, was in the illegal custody of the third respondent and should be produced before the Court and set at liberty. +1 more

Court's answer

The Habeas Corpus Petition stands closed.

Ratio / Principle

On production pursuant to the earlier order dated 26.11.2025, the Court enquired the identity of the third respondent as Athithiya S/o.Kathiravan, alias 'Adhil', and recorded that he was born Hindu, converted to Islam, married a Muslim girl, got a child and deserted her, later got acquainted with a Christian girl (the detenue), converted himself to Christianity, continued to harass her, and married her under the Indian Christian Marriage Act claiming that he is a bachelor.

Key takeaways

Normal criminal law is to be applied to the third respondent; his custody is handed over to the Inspector of Police, North Police Station, Tuticorin, accompanied by the Special Sub Inspector of Police, Tuticorin North Police Station, Tuticorin, to take further action in accordance with law.ratio¶28
Respondents 1 and 2 may examine the other offences committed by the third respondent and appropriately include those offences in the FIR.ratio¶28

Detailed headnote1 paragraphs

Habeas Corpus Petition H.C.P.(MD)No.1156 of 2025 (Madurai Bench of Madras High Court, order dated 27.11.2025 by C.V.Karthikeyan, J., bench including R.Vijayakumar, J.), filed by Vijila Elvi under Article 226 of the Constitution of India seeking production of her daughter Maria Vijiliya Ramya (aged about 18 years) from the alleged illegal custody of the third respondent Athithiya. FIR in Crime No.515/2025 had been registered by the Inspector of Police, Thoothukudi North Police Station after the petitioner reported her daughter missing on and from 26.08.2025. Consequent to the Bench's earlier order dated 26.11.2025, the third respondent was produced on a warrant; the Court enquired his identity as Athithiya S/o.Kathiravan, alias 'Adhil', and recorded that he was born Hindu, converted to Islam, married a Muslim girl, got a child and deserted her, later got acquainted with the Christian girl (the detenue), converted to Christianity, continued to harass her and married her under the Indian Christian Marriage Act claiming that he is a bachelor. Directing that normal criminal law be applied to him, the Court handed his custody to the Inspector of Police, North Police Station, Tuticorin (accompanied by the Special Sub Inspector, Tuticorin North Police Station) to take further action in accordance with law, permitted respondents 1 and 2 to examine other offences committed by him and include them in the FIR, and closed the Habeas Corpus Petition.

H.C.P.(MD)No.1156 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 27.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

H.C.P.(MD)No.1156 of 2025

Vijila Elvi

... Petitioner

-vs-

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.

3.Athithiya

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondent Nos.1 and 2 to produce the body or person of the detenue namely Maria Vijiliya Ramya, d/o. Vijila Elvi, aged about 18 years from the illegal custody of the third respondent before this Court and said to her at liberty.

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H.C.P.(MD)No.1156 of 2025

For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.A.Thiruvadikumar, Addl. Public Prosecutor for R1 & R2 For R-3 : Mr.V.S.Ariharasudhan

O R D E R (Order of the Court was made by C.V.Karthikeyan, J. )

This order is to be read in conjunction with the earlier order passed by us dated 26.11.2025.

Consequent to our order dated 26.11.2025, the third respondent, namely, Athithiya had been produced before this Court. We enquired his identity as Athithiya S/o.Kathiravan, who also has an alias name called 'Adhil'. He was born Hindu converted to Islam married a Muslim girl, got a child, deserted her and later got acquainted with a Christian girl, converted himself to Christianity and continued to harass the young girl and has also married her under the Indian Christian Marriage Act, claiming that he is a bachelor.

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H.C.P.(MD)No.1156 of 2025

The petitioner had given a complaint that her daughter had been

missing on and from 26.08.2025 and in this connection, FIR in Crime No.515/2025 had already been registered by the 2^nd respondent.

We had issued warrant to secure the third respondent. He had

been secured and brought before us. Let normal criminal law be applied to him. The respondents 1 and 2 may examine the other offences committed by him and appropriately include the offences in the FIR. His custody is handed over to the Inspector of Police, North Police Station, Tuticorin, who is also accompanied by the Special Sub Inspector of Police, Tuticorin North Police Station, Tuticorin, to take further action in accordance with law.

Accordingly, the Habeas Corpus Petition stands closed.

[C.V.K., J.] [R.V., J.] 27.11.2025

RR

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H.C.P.(MD)No.1156 of 2025

To

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.

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

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H.C.P.(MD)No.1156 of 2025

C.V.KARTHIKEYAN, J. and R.VIJAYAKUMAR, J.

RR

H.C.P.(MD)No.1156 of 2025

28.11.2025

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