Husband filed a habeas corpus petition alleging his wife was taken away by force by her parents who opposed the marriage. The detenu appeared in court and stated she wished to live with her husband; a registered marriage extract was produced. The court found nothing survived and closed the petition.
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H.C.P.(MD) No.140 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.03..2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
HCP(MD)No.140 of 2025
V.Vignesh ... Petitioner/Husband of
the Detenu
-Vs-
3.Govindhan
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the petitioner's wife Harshavarthini, aged about 25 years before this Court and set her at liberty.
For Petitioner : Mr.A.Uthayakumar For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R3 : Mr.S.A.Ajmalkhan
Page 1 of 4
H.C.P.(MD) No.140 of 2025
ORDER
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA , J.
The petitioner is the husband of one Harshavarthini, aged about 25. Since she married the said Harshavarthini against the wish of her parents, they have taken is wife by force and hence, the present Habeas Corpus Petition is filed.
2.On 19.02.2025, the girl was produced before this Court and this Court found that the girl has married the petitioner and want to live with him. Recording the same, the matter was adjourned today for production of prove of marriage.
3.It appears that the petitioner and Harshavarthini had got their marriage registered at the Marriage Register Office, Dindigul, on 20.02.2025. A copy of the marriage extract produced before this Court today regarding the fact that the petitioner and Harshavarthini are married legally and presently they are living together.
Page 2 of 4
H.C.P.(MD) No.140 of 2025
4.In view of the above, nothing survives for adjudication in the Habeas
Corpus Petition and hence, the same stands closed.
[G.J., J.] & [R.P., J.]
05.03.2025
NCC : Yes / No Index : Yes / No Ns To
1.The Superintendent of Police, Then District.
Page 3 of 4
H.C.P.(MD) No.140 of 2025
DR.G.JAYACHANDRAN, J.
AND R.POORNIMA , J.
Ns
HCP(MD)No.140 of 2025
05.03.2025
Page 4 of 4
1 issue framed by the court
Whether the detenu Harshavarthini was in unlawful custody and entitled to be set at liberty.
1 provisions across 1 enactments
V.Vignesh
The Superintendent of Police, Theni District
The Inspector of Police, Cumbum South Police Station, Theni District
Govindhan
G. Jayachandran
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
