Dismissed¶28

Boopathy v. The State of Tamilnadu

Madras HC28 Mar 2025HCP(MD)/381/2025

Case brief

AI extract

What is this about?

H.C.P(MD)No.381 of 2025, Madurai Bench of Madras High Court, decided 28.03.2025 by Dr. Justice G. Jayachandran and Justice R. Poornima. Keywords: habeas corpus; Article 226 Constitution of India; adult detenue aged 19; voluntary marriage to 50 year old widower; mother-petitioner; detenue's own complaint at All Women Police Station, Thirupattur; police enquiry closed; no judicial testing in writ; Thoothukudi police (SP, Inspector and Sub-Inspector, Eral Police Station); respondent 4 Muthukumar; petition dismissed, no relief.

What did the court decide?

Where the daughter of the petitioner had gone on her own volition and married a 50 year old widower as per her wish, the matter cannot be judicially tested in a Writ of Habeas Corpus. ¶27

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

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶2

DATED :28 .03.2025

¶3

CORAM:

¶4

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND

¶5

THE HON'BLE MS JUSTICE R.POORNIMA

¶6

H.C.P(MD)No.381 of 2025

¶7

Boopathi ... Petitioner/Mother of the detenue

¶8

.vs.

¶9

The State of Tamil Nadu, represented by

¶10

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

¶11

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

¶12

3.The Sub-Inspector of Police, Eral Police Station, Thoothukudi District.

¶13

4.Muthukumar ... Respondents

¶14

PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to direct the respondents 1 to 3 to produce the person or

¶15

¶16

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

¶17

body of the detenue namely, Ramalakshmi, aged about 19 years, daughter of late Velraj, before this Court and set her at liberty.

¶18

For Petitioner : Mr.SW.Muniyandi For Respondents : Mr.E.Antony Sahaya Prabahar 1 to 3 Addl.Public Prosecutor

¶19

O R D E R

¶20

DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J

¶21

The Habeas Corpus Petition is filed seeking a direction to the respondents 1 to 3 to produce the person or body of the detenue namely, Ramalakshmi, aged about 19 years, daughter of late Velraj, before this Court and set her at liberty.

¶22

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

¶23

3.The mother of the detenue has filed this Habeas Corpus Petition being aggrieved by her 19 years daughter had married a 50 year old widower. Admittedly, the detenue herself had gone to the All Women Police Station,

¶24

2/5

¶25

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

¶26

Thirupattur and has given a complaint to give protection for her from her mother and relatives.The respondent Police had enquired the matter and closed the complaint.

¶27

4.In the light of the fact that the daughter of the Petitioner had gone on her own volition and married a 50 year old widower as per her wish, the same cannot be judicially tested in a Writ of Habeas Corpus.

¶28

5.Accordingly, the Habeas Corpus Petition stands dismissed.

¶29

[G.J.,J.] [R.P.,J.] 28.03.2025

¶30

NCS : Yes/No Index : Yes / No Internet : Yes / No

¶31

vsn

¶32

¶33