Luda Agnes v. The Inspector of Police, Chennai & Another
2010-03-31
C.S.KARNAN, M.CHOCKALINGAM
body2010
DigiLaw.ai
Judgment :- M. Chockalingam, J. Invoking the writ jurisdiction of this Curt, one Luda Agnes has brought forth this petition for a writ of habeas corpus for the production of her daughter Amanda Melody. 2. The affidavit in support of the petition is perused. The Court heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor. 3. The gist of the case of the petitioner is that her daughter Amanda Melody doing B.A. Literature, who went to the college on 3.3.2010, did not return; that a search was made; that she also came to know that she fell in love with the second respondent; that she was under the impression that she had been taken away by him; that under the circumstances, she gave a complaint to the first respondent police, but no action has been taken, and under the circumstances, this petition is brought forth. 4. On the last hearing, a request was made by the learned Additional Public Prosecutor for the State for securing and producing her before the Court. When the matter is taken up for enquiry this day, she is produced. She is also enquired. According to her, she was born on 7.12.1991, and now she has married the second respondent at Royapuram on 29.3.2010, and it has also been registered before the Registrar of Marriages, and a certificate is also produced, and now she wants to live with her husband and not to go with the mother the petitioner herein. 5. The statement of the girl is recorded. It is not in controversy that she was born on 7.12.1991, and thus she is a major. Under the circumstances, she has got to be set at liberty. That apart, it is brought to the notice of the Court that the marriage between herself and the second respondent has taken place on 29.3.2010, and the same has also been registered by the Registrar of Marriages, Madras. Accordingly, she is set at liberty and this petition is disposed of.