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2006 DIGILAW 501 (MAD)

N. Jayakumar v. The Inspector of Police & Another

2006-02-24

J.A.K.SAMPATHKUMAR, P.SATHASIVAM

body2006
Judgment :- (Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to direct respondents herein to produce the person and body of his wife namely B.Neetukumari aged 21 years, who is in the leegal custody of the 2nd espondent herein, before this Hon'ble Court and set her at liberty.) P. Sathasivam, J. The petitioner by name N. Jayakumar has filed this petition for production of his wife B. Neetukumari, aged about 21 years, said to be under the illegal custoy of the second respondent, before this Court and to set her at liberty. 2. Pursuant to the direction of this Court, the detenue, viz., B. Neetukumari, appeared before us. On enquiry, she has stated that she is aged about 20 years. She also asserted that she has no connection with the petitioner and denied the allegations including the marriage with him. The second respondent/father of the detenue has also filed a counter affidavit disputing the claim made by the petitioner including the marriage said to have taken place between his daughter and the petitioner. 3. In the light of the same and in view of the assertion made by Her date of birth, as per the Transfer Certificate, which is available at page No.3 of the typed set of papers, is 06.12.1989. Hence, she is a minor as on date. After enquiry, she informed this Court that she is willing to go along with her mother, viz., the petitioner, who is also present before us. In the light of the statement of the detenue and she being a minor girl, the petitioner is permitted to take the detenue along with her. Petition is disposed of accordingly.