Mahadevan v. The Inspector of Police, Periyapalayam Police Station & Others
2008-06-13
M.CHOCKALINGAM, S.PALANIVELU
body2008
DigiLaw.ai
Judgment M. Chockalingam, J. This Habeas Corpus Petition has been filed by the father of the petitioner alleging that his daughter Asha was kidnapped by the third respondent on 22. 2008, that the petitioner gave a complaint to the second respondent, that a case came to be registered. Under such circumstances, the petitioner was compelled to file this petition before this Court. 2.The Court heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents. 3. Today, when the matter was taken up for enquiry, the alleged detenue was produced before this Court. According to her, the marriage between herself and the third respondent had been taken place on 6th June 2008 in a temple at Perambalur District and she desires to live with the third respondent, the husband of the detenue and not willing to go with the petitioner, the father of the detenue. 4.When the matter was taken up for hearing, on the request made on the side of the petitioner, the petitioner was permitted to talk with the alleged detenue and accordingly they had a talk. The talk did not fructify and the detenue did not want to go with the petitioner. 5. It is an admitted position that the detenue was born on 20.5.1990 and she is a major. She married the third respondent on 6th June 2008 and according to the third respondent, the detenue desires to live with him. Since the detenue is a major and she is not willing to go with her father, the question of handing over the custody to the petitioner, would not arise. Hence the Habeas Corpus Petition is dismissed.