K. Riaz Ahamed v. The State of Tamil Nadu & Others
2006-04-04
J.A.K.SAMPATHKUMAR, P.SATHASIVAM
body2006
DigiLaw.ai
Judgment :- (Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to direct the respondents to produce the detenue R.Anitha daughter of K.Ramasamy and the wife of the petitioner before this Court and set her at liberty.) P. Sathasivam, J. The petitioner by name K.Riaz Ahamed has filed this petition seeking direction to the respondents for production of his wife viz., R. Anitha, D/o Ramasamy before this Court and set her at liberty. 2. Pursuant to the direction of this Court, the detenu by name R. Anitha appeared before us. We enquired her. According to her, she is aged about 20 years and her date of birth being 27.05.1985, she is a major. Though in the petition, the petitioner has averred that he married the detenue R. Anitha, in the enquiry before us, she asserted that he is only a friend and she denied the allegations made in the affidavit. She also asserted that at present she is living with her father K.Ramasamy, the second respondent herein and continues to live with him only. 3. In the light of the above assertion and the statement and of the fact that the detenue being a major, we are satisfied that she is not in illegal custody of any one including the second respondent. The petition is disposed of accordingly.