In the High Court of Judicature at Madras
Dated: 10/04/2006
Coram
The Hon'ble Mr.Justice P. SATHASIVAM
and
The Hon'ble Mr.Justice J.A.K.SAMPATH KUMAR
Habeas Corpus Petition No.341 of 2006
P.Balamurugan .. Petitioner
-Vs-
1. The Inspector of Police,
All Women Police Station,
Gandhipuram,
Coimbatore.
2. The Superintendent of Police,
Karur,
Karur District.
3. M.Kalimuthu .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of habeas corpus as stated therein.
For petitioner : Mr.M.Vivekanandan
For respondents : Mr.Abudukumar Rajarathinam
Govt.Advocate(Crl.side)for R1 &R2
Mr.R.Karthikeyan for R3
:ORDER
(Order of the Court was made by P. SATHASIVAM,J.)
The petitioner, by name, P.Balamurugan has filed this
petition, seeking direction to the respondents for production of detenue, by
name, K.Muthulakshmi, D/o.M.Kalimuthu, Pulianthottam, Chinnadharapuram, before
this Court and set her at liberty.
2. Pursuant to our direction, the girl, by name, K.Muthulakshmi
appeared before us. According to her, she is aged about 23 years, her date of
birth being 03.04.1984. It is the case of the petitioner that he married the
girl K.Muthulakshmi on 20.02.2006. Pursuant to the marriage, the petitioner
filed this petition, since according to him, the girl is under the illegal
custody of the third respondent, who is none else than the father of the girl.
3. In the light of the allegations made, we enquired the girl K.
Muthulakshmi. According to her, she herself tied ‘Thali’ and no marriage was
ever performed. She also asserted that both of them have not lived together
even for a single day. She further informed us that on 03 .03.2006, she
married one Senthil Kumar in the presence of relatives and well wishers and
according to her, from that date, she is living with him happily. In the
light of the above statement and of the fact that she being a major aged about
23 years, we are satisfied that she is not under the illegal custody of third
respondent as claimed by the petitioner.
In the light of the above information, we are satisfied that no
further adjudication is required in this petition; accordingly, the same is
closed.
gl
To
1. The Inspector of Police,
All Women Police Station,
Gandhipuram,
Coimbatore.
2. The Superintendent of Police,
Karur,
Karur District.