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2007 DIGILAW 2016 (MAD)

Santhana Seluvai v. The Commissioner of Police, Greater Chennai, Chennai – 600 008 & Another

2007-07-04

P.K.MISRA, R.BANUMATHI

body2007
Judgment :- P.K. Misra, J. The paternal uncle has filed this Habeas Corpus Petition to direct the Respondents to produce the detenue, viz., Kulandai Therus, before this Court and set her at liberty. 2. Heard Mr.P.Thamilselvan, the learned counsel for the Petitioner, Mr.M. Babu Muthu Meeran, the Addl. Public Prosecutor for the Respondents and Ms.Manjula Chavan, the learned counsel for the detenue. The Petitioner and the detenue are present in Court. 3. The detenue was given in marriage to one Jeshu Anandhu on 28.05.2007 and she went away from her husbands place on the very next day. The detenue is admittedly a major, aged about 26 years. The detenue has stated that the marriage has taken place against her wishes and therefore, she had voluntarily left the place of her husband on 29.06.2007 and she has also filed a Petition for divorce. The detenue has further stated that she is staying with her friend, by name, Priya, in Mahabalipuram. She has further stated that she has not taken any gold ornaments, which was given to her at the time of marriage. 4.Since, the detenue has gone voluntarily, it cannot be said that there is an illegal detention by anybody. The detenue, being major, is free to stay where ever she wants. This Habeas Corpus Petition is accordingly dismissed.