Dismissed¶31

Lingammal v. The State of Tamilnadu

Madras HC1 Apr 2025HCP(MD)/304/2025

Case brief

AI extract

What is this about?

Habeas corpus dismissed - adult daughter left parental home voluntarily with her lover (paternal aunt's son) to avoid an arranged marriage; not in illegal custody. Keywords: Writ of Habeas Corpus, Article 226 Constitution of India, illegal custody/detention, girl missing complaint, Theni Police Station, voluntary departure, love affair versus arranged marriage, maintainability of HCP, detenue produced alive, Madurai Bench, Madras High Court, 01.04.2025.

What did the court decide?

On enquiry the Court found the girl had fallen in love with the third respondent, who is her paternal aunt's son, and had joined him because the petitioner was making arrangements for her marriage with a person she did not like; she was not inclined to join her parents despite her mother's efforts to convince her. ¶25

Lingammal Vs The State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

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H.C.P.(MD) No.304 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.04.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND

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THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P.(MD)No.304 of 2025

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Lingammal

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... Petitioner/ Mother of the Detenue

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-Vs-

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1.State of Tamil Nadu, Rep by The Superintendent of Police, O/o.Superintendent of Police, Theni District.

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2.The Inspector of Police, Theni Police Station, Theni District.

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3.Kavinkumar

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... Respondents

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PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the daughter of petitioner namely Pandi Deepa, D/o.Gunasekara Pandian, aged about 20 years, in person before this Court or her body and set her at liberty.

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For Petitioner : Mr.S.Balamurugan For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Government Pleader

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.304 of 2025

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ORDER

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DR.G.JAYACHANDRAN, J. AND

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R.POORNIMA , J.

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The petitioner is the mother of one Pandi Deepa, aged about 20 years, is before this Court seeking issuance of a Writ of Habeas Corpus for the production of his daughter.

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2.According to the petitioner, she lodged a girl missing complaint befoe the second respondent police on 22.02.202 suspecting that the third respondent had abducted her daughter. Since the respondent police have not taken any effective steps, the present Habeas Corpus Petition is filed.

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3.The respondent police has secured the girl, who is living with her relative. On enquiry, we find the girl has fallen love with the third respondent, who is none other than the paternal aunty's son, had joined him, since the petitioner was making arrangements for her marriage with the person whom she does not like. Accordingly, she is not inclined to join her parents. The petitioner/ mother is also present and she interacted with her daughter trying to convince her, but in vain.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.304 of 2025

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4.In view of the said facts, this Court finds that the daughter of the

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petitioner being produced alive and she left the parental home on her own and she is not in any illegal custody. Therefore, the Habeas Corpus Petition is not

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maintainable and hence, stands dismissed.

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[G.J., J.] & [R.P., J.]

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01.04.2025

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NCC : Yes / No Index : Yes / No Ns

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