Dismissed¶41

Thirumaniselvi v. The Superintendent of Police, Virudhunagar

Madras HC27 Jun 2025HCP(MD)/725/2025

Case brief

AI extract

What is this about?

Habeas corpus petition by mother under Article 226 alleging daughter (aged about 18) kidnapped and detained by third respondent; detenu appeared via whatsapp call, stated she married the third respondent on 16.06.2025 at Sathur and was living with him happily in Chennai; earlier complaint by detenu to All Women Police Station, Virudhunagar; enquiry in CSR No. 284 of 2025; Court held no illegal detention; petition dismissed with Rs. 10,000 costs payable to Sakthi Vidiyal Shelter (Home), Madurai; compliance reporting posted to 07.07.2025. Keywords: habeas corpus, illegal detention, love marriage, major/minor detenu, Madras High Court Madurai Bench, HCP(MD) 725 of 2025, dismissed with costs.

What did the court decide?

The alleged detenue is not under illegal detention of anybody. ¶40

Thirumaniselvi Vs The Superintendent of Police… — Writ and Judicial Review | Madras HC (2025)

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HCP(MD)No.725 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA

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HABEAS CORPUS PETITION(MD)No.725 of 2025

Thirumaniselvi

... Petitioner

vs.

The Superintendent of Prison, Virudhunagar District Virudhunagar

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2.The Inspector of Police Amathur Police Station Virudhunagar District

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3.Karnaraja

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... Respondents

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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 body or corpus of petitioner's daughter the detenu viz., Jasmeetha, D/o.A.Gurusamy(aged about 18 years) before this Court and set her at liberty.

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Page No.1 of 7

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

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HCP(MD)No.725 of 2025

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For Petitioner : Mr.T.Viswanathan For Respondents: Mr.B.Nambi Selvan No.1 and 2 Additional Public Prosecutor

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O R D E R

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[Order of the Court was made by A.D.JAGADISH CHANDIRA, J. ]

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This Habeus Corpus Petition has been filed to direct the respondents 1 and 2 to produce the body or corpus of petitioner's daughter the detenu viz., Jasmeetha, D/o.A.Gurusamy(aged about 18 years) before this Court and set her at liberty.

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The case of the petitioner is that her daughter has completed 12^th standard and that she got seat for B.C.A., L.L.B.,(Hons) in Government Law College at Trichy. While so, on 16.06.2025, her daughter was found missing. Apprehending that she would have been kidnapped by the third respondent who was working as acting driver, she had sent an online complaint to the second respondent police. However without enquiry the respondent police have

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Page No.2 of 7

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

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HCP(MD)No.725 of 2025

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concluded that the daughter of the petitioner had gone on her own decision and alleging that her daughter is under illegal detention of

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the third respondent, the petitioner has filed this petition.

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The learned Additional Public Prosecutor submitted that the petitioner is the mother of the minor child aged about 18 years and she had given a online complaint with regard to the missing of her minor daughter and she has also sent a complaint through registered post. He would further submit that the petitioner's daughter is aged about 18 years and she was in love with the third respondent for the past three years and that the petitioner and her family members objected the same, thereby the daughter of the petitioner left the home on 15.06.2025 and got married with the third respondent at Odaipatti Vinayagar Temple, Sathur on 16.06.2025. Since the petitioner and her family members troubled her she had given a complaint before the

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All Women Police Station, Virudhunagar stating that she and her husband were apprehending risk from the petitioner and her family members. Based on the same, enquiry had been conducted in CSR No.

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Page No.3 of 7

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

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HCP(MD)No.725 of 2025

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284 of 2025. The Inspector of Police, All Women Police Station have contacted the petitioner and asked her to come for enquiry, whereas the petitioner has not co-operated for enquiry and hence the missing person was allowed to go along with her husband/third respondent herein. The petitioner is well aware of the news what had happened, but had come before this Court with false averments as if no action has been taken by the respondent police.

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This Court had directed the missing person to be present before this Court. Today the missing person appeared through whatsapp call through the number of V.Senthil Kumar, SSI of Police, Amathur Police Station (Cell No.9600343881).

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We enquired her. She stated that she had completed 12^th

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standard and she had joined in a law college She was in love with the third respondent and she got married. Fearing risk to their life by the petitioner and her family members she had gone along with the third respondent and now living with him happily in Chennai

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Page No.4 of 7

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

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HCP(MD)No.725 of 2025

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Finding that the alleged detenue is not under illegal detention

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of anybody, this Petition stands dismissed with costs. The petitioner is directed to pay a sum of Rs.10,000/-as costs to the Superintendent, Sakthi Vidiyal Shelter(Home), No.21, Kenned Nagar, Muthupatti, Madurai 625 003 with in a period of one week frm the date of receipt of a copy of this order.

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