BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED : 15/03/2006 CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE M.E.N.PATRUDU H.C.P.No.93 of 2006 Muthamil .. Petitioner Vs 1.The Superintendent of Police Sivagangai, Sivagangai District. 2.The Inspector of Police Ilayangudi Police Station Sivagangai District. 3.K.Karuppaiah 4.K.Jayaodi .. Respondents PRAYER Petition under Article 226 of the Constitution of India for issue of a writ of Habeas Corpus as stated therein. !For Petitioner ... Mr.V.Kannan ^For Respondents ... Mr.P.Jothi Addl. Public Prosecutor :ORDER
(Order of this Court is made by P.D.DINAKARAN,J.)
The petitioner seeks a writ of habeas corpus to direct the respondents 1
and 2 to produce the corpus of the detenue, Kavitha from the illegal custody of
respondents 3 and 4 and to set her at liberty.
2. The petitioner is the husband of one Kavitha. The case of the
petitioner is that he and the detenue, Kavitha got married on 18.8.2003 and the
marriage was duly registered in the Office of the Sub Registrar, Thiruppathur,
Sivagangai District on 22.8.2003, however the families of both the petitioner
and detenue were not aware of the marriage. On 30.8.2003, the petitioner left
for Singapore and returned to India on 11.2.2006. On the very same day, the
petitioner went to the residence of respondents 3 and 4 and brought his wife,
the detenue to his house and were living as man and woman till 12.3.2006 at
Ilayangudi. Respondents 3 and 4, the parents of the detenue, objected the
marriage of the petitioner with the detenue and on 7.3.2006 at about 7.00 p.m.,
it is alleged that respondents 3 and 4 with henchmen suddenly entered into the
house of the petitioner and the henchmen were holding deadly weapons.
Apprehending that the petitioner and the detenue would be attacked with deadly
weapons, the petitioner also lodged a report to the second respondent on
8.3.2006. In the meanwhile, the detenue left the petitioner and stayed at her
friend’s home at Coimbatore. Hence, this habeas corpus petition.
3. When the matter was taken for admission today, respondents 1 and 2,
taking advance notice in the matter, have put in their sincere efforts and
secured the detenue from her friend’s house at Coimbatore. The detenue
appeared before us. She is a major and a Post Graduate. She is capable of
understanding our questions. The petitioner as well as the detenue declared
that they got married on 18.8.2003 and the averments stated by the petitioner in
the affidavit filed in support of this petition were confirmed by the detenue.
The detenue submits that she wants to continue to stay with the petitioner, her
husband.
4. Under such circumstances, except to record the same no further orders
are required in this habeas corpus petition and therefore, the same is closed.
However, before parting with the matter, as the petitioner and the detenue
apprehend that respondents 3 and 4 would threaten them with dire consequences,
suffice it to permit the petitioner and the detenue to approach the District
Legal Services Authority as and when the necessity arises. Respondents 1 and 2
are directed to keep a surveillance on the issue.
sasi
To:
1. The Superintendent of Police
Sivagangai, Sivagangai District.
2. The Inspector of Police
Ilayangudi Police Station
Sivagangai District.