Habeas corpus petition concerning a 19-year-old pharmacy trainee reported missing. Police secured and produced the detenue; after court mediation she agreed to continue her hospital training while staying in a hostel with parental contact. The third respondent filed an affidavit undertaking not to disturb her until his divorce is granted.
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HCP(MD). No.1355 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
HCP(MD). No.1355 of 2025
M.Vijaya ... Petitioner/Mother of the detenue Vs.
2.The Inspector of Police, Vikiramangalam Police Station, Madurai District.
3.Vijayakumar
... Respondents
PRAYER : This petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondent Nos.1
and 2 to produce the body or person of the petitioners daughter Aparna D/o.Mohan aged about 19 years before this Court and set her at liberty.
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HCP(MD). No.1355 of 2025
| For | Petitioner | : Mr.R.Venkatesan |
|---|---|---|
| For | R1 & R2 | : Mr.A.Thiruvadi Kumar |
| Additional Public Prosecutor | ||
| For | R3 | : Mr.A.Prasanna Rajadurai |
ORDER
(Order of the court was made by C.V.KARTHIKEYAN., J.)
This petition has been filed by a father expressing grievance that
his daughter, who has completed D.Pharmacy and is now undergoing training at Government Rajajai Hospital at Madurai, has been missing on and from 14.11.2025.
conciliation centre and thereafter we called the matter again and the parents of the detenue were also present. We came to know that the third
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HCP(MD). No.1355 of 2025
respondent is a married man and also has a son. The wife of the third respondent and her son are also present in the court. The wife of the third respondent stated that divorce petition is pending before the Subordinate Court, Usilampatti and final orders have not yet been passed.
extract paragraph Nos.4 and 5 of the affidavit, which are as follows:
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HCP(MD). No.1355 of 2025
''4. I humbly submit that earlier I got married with one Vanitha D/o.Rasu of Mottaiyanaickenpatti, Usilampatti Taluk, Madurai District on 06.07.2016 and we were blessed with one male child namely Jaswant. Due to difference of opinion and for other matrimonial dispute and issues between me and about said Vanitha, I separated from them continuously more than 8 years and no any communication with them. We got customary divorce as per our Hindu Piramalai Kallar community custom and rights immediately after my son birth, but for its legal sanctity I filed a divorce petition in HMOP No. 152 of 2019 to dissolve our marriage and the same is still pending before the Hon'ble Sub Court, Usilampatti, Madurai District and I also paying maintenance a sum of Rs. 10,000/-(Ten thousand) monthly to my son and above said Vanitha, and now I am living separately at Bangalore.
5. I humbly submit that I deny all the allegations raised against me by the petitioner in HCP(MD) No. 1355 of 2025. I am also a close relative to the above said HCP petitioner and the detenue namely Abarna. I give an undertaking by this affidavit before this Hon'ble court that, I never disturbed the peaceful life of the detenue Aparna daughter of Mohan and further I will never disturb her peaceful life till I properly get divorced legally in HMOP No.152 of 2019''.
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HCP(MD). No.1355 of 2025
Madurai and would stay in a hostel, where similar trainees are staying. She also stated that her parents can contact her through cell phone and that they can also visit her. The parents, who are present before this Court, are agreeable to the arrangement made.
CM
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HCP(MD). No.1355 of 2025
To,
The Superintendent of Police, O/o. Superintendent of Police, Madurai District.
2.The Inspector of Police, Vikiramangalam Police Station, Madurai District.
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HCP(MD). No.1355 of 2025
C.V.KARTHIKEYAN., J and R.VIJAYAKUMAR., J.
CM
HCP(MD) No.1355 of 2025
Date : 27/11/2025
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2 issues framed by the court
Whether the detenue, a missing 19-year-old woman, was in unlawful detention and could be set at liberty.
What arrangement would protect the detenue from interference by the third respondent pending his divorce.
1 provisions across 1 enactments
M.Vijaya
State of Tamilnadu rep. by its The Superintendent of Police, Madurai District
The Inspector of Police, Vikiramangalam Police Station, Madurai District
Vijayakumar
C.V.Karthikeyan
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
