Research › Search › Judgment

Madras High Court · body

2006 DIGILAW 274 (MAD)

N. Ayyavu v. Superintendent of Police

2006-02-06

J.A.K.SAMPATHKUMAR, P.SATHASIVAM

body2006
ORDER P. SATHASIVAM, J. Pursuant to the direction of this Court, detenu - Tamilselvi, who is none-else than the daughter of the petitioner, appeared before us. According to the petitioner, the third respondent who is a neighbour, after assuring his daughter, took her to Delhi and stayed there for some time. It is also his claim that after spending some time there, he left her and that her whereabouts are not known, hence he filed the present Habeas Corpus Petition. 2. We also enquired Tamilselvi, his daughter who is aged about 22 years, hence she is a major. Though she reiterated the averments made by the petitioner i.e., her father, the same is denied by the third respondent -Palanivelu. We also enquired the said Palanivelu. According to him, he is aged about 28 years. He is a B.Sc., Graduate and he had gone to Delhi for preparing for the preliminary examination in Indian Administrative Service. He also informed us that he is possessed with sufficient lands and he denied the claim of the petitioner as well as the statement of Tamilselvi. 3. It is brought to our notice that pursuant to the complaint of the petitioner, the Inspector of Police, Karimangalam Police Station, Dharmapuri District, has registered a case in Crime No. 10/2006 under Sections 147, 417, 366-A I.P.C., against the third respondent. 4. After considering the statement of the daughter of the petitioner - Tamilselvi and third respondent - Palanivelu as well as the Case Diary produced by the second respondent, we are of the view that there cannot be any direction by this Court compelling the third respondent to marry the daughter of the petitioner exercising jurisdiction under Habeas Corpus Petition. In such a circumstance, in the light of the materials referred to above, the respondents 1 and 2 are permitted to pursue the complaint of the petitioner in accordance with law. It is also made clear that if the petitioner and his daughter are still aggrieved, they are free to approach the appropriate Forum to vindicate their grievance. With the above observation, this petition is disposed of. Disposed of.