IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.08.2010 CORAM: THE HON'BLE MR.JUSTICE M. CHOCKALINGAM AND THE HON'BLE MR.JUSTICE M. SATHYANARAYANAN HCP. No.1463 of 2010 C. Sumathi ... Petitioner Vs. The State, rep. by the Inspector of Police, B-9, Sarvanampatti Police Station, Coimbatore District. ... Respondent Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, to direct the respondent herein to produce the petitioner's sister namely P. Sathyavathi, aged about 26 years, D/o. Thangavelu before this Court and set her at liberty forthwith. For Petitioner : Mr. S. Nagarajan For Detenue : Mr. M. Selvam For Respondents : Mr. M. Babu Muthumeeran Additional Public Prosecutor O R D E R
(Order of the Court was made by M. CHOCKALINGAM,J)
This Habeas Corpus Petition has been brought forth by one C. Sumathi for production of her sister Sathyavathi before this Court.
2. This Court heard the learned counsel appearing for the petitioner and also the detenue, who is produced before this Court this date.
3. According to the petitioner, she has got two sisters viz. P.Revathi and P. Sathyavathi and all are living together. Her sister P.Sathyavathi was actually found missing from 2.7.2010. Immediately, she lodged a complaint to the respondent-police, but no step was taken. On 19.7.2010, the petitioner was informed by the respondent-police that they received a joint letter written by the detenue and another person stating that they have already got married and they are living together. In such circumstances, the necessity arose to file this petition before this Court.
4. Today, the detenue is produced before this Court. When this Court enquired the detenue, she stated that her date of birth is 19.12.1984. When she was employed in the office, another employee by name Mani was also employed there and they decided to marry and the marriage took place in Madurai temple on 2.6.2010, but the same was not registered and they are living together. The said Mani is also produced before this Court. When this Court enquired him, he has stated that the alleged marriage took place between himself and Sathyavathy on 2.6.2010.
5. From the aforesaid submissions, it is clear that the detenue is a major girl and the marriage has also taken place. Hence, all the allegations have got to be rejected. Since the detenu is a major girl, the question of handing over the detenue does not arise. Recording the submissions made by the detenue, the Habeas Corpus Petition is disposed of.
(M.C.J.) (M.S.N.J.)
24.08.2010
Index :- Yes.
Internet:- Yes.
ssa.
To
The Inspector of Police,
B-9, Sarvanampatti Police Station,
Coimbatore District.
M. CHOCKALINGAM, J. &
M. SATHYANARAYANAN, J.
ssa.
H.C.P. No.1463 of 2010
24.08.2010