BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13/02/2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE S.PALANIVELU HCP (MD) NO.74 of 2008 A.Anbumani .. Petitioner vs 1.The State represented by its Sub Inspector of Police All Women Police Station Pattukottai, Thanjavur District. 2.The Superintendent of Police Thanjavur District, Thanjavur. 3.Backiyalakshmi 4.Guna Selvan 5.Rajasekaran .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus to direct the respondents 1 and 2 to produce the body of the detenue, Bhuvaneswari from the illegal detention of the respondents 3 to 5 and set her at liberty. !For Petitioner ... Mr.AR.L.Sundaresan Senior Counsel for Mr.N.Dilip Kumar ^For Respondents ... Mr.C.Daniel Manoharan Additional Public Prosecutor for RR1 and 2 No appearance for RR3 to 5 :ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.)
This petition has been filed by the petitioner seeking a writ of habeas
corpus alleging that the detenue Bhuvaneswari is the maternal uncle’s daughter;
that they fell in love with each other; that they have already decided to marry;
that against her wish, the third respondent, the mother and the respondents 4
and 5, the brothers, have detained her; that she is being tortured; that the
petitioner received communication from her, and under the circumstances, it
became necessary to approach this Court for production of the girl by way of
issuing orders.
2.When the matter was taken up in the last hearing, notice was taken by
the Additional Public Prosecutor for the State.
3.While the matter is pending before the Court, now, the alleged detenue
Bhuvaneswari along with the petitioner appeared before this Court.
4.On enquiry, she would state that Anbumani, the petitioner herein, is the
paternal aunt’s son; that they fell in love with each other; that the marriage
between them took place at Kattankadu, Pattukottai; that the marriage is also
registered before the Sub Registrar under the Hindu Marriage Act; and that they
are living together as husband and wife. According to her, her date of birth
was 28.4.1986.
5.The petitioner is also present before the Court.
6.It is found that she is a major, and the marriage has already taken
place. Now, they are living together. The statement of the girl is recorded.
Under the circumstances, no further orders are required in the opinion of this
Court. Accordingly, she is set at liberty, and this habeas corpus petition is
disposed of.
nsv/
To:
1.The State
represented by its
Sub Inspector of Police
All Women Police Station
Pattukottai, Thanjavur District.
2.The Superintendent of Police
Thanjavur District, Thanjavur.
3.The Additional Public Prosecutor
Madurai Bench of Madras High Court