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2010 DIGILAW 2145 (MAD)

M. K. Manickam v. The Inspector of Police, A. Pallipatti Police Station, Pappireddipatti Taluk, Dharmapuri District & Another

2010-05-03

C.S.KARNAN, M.CHOCKALINGAM

body2010
Judgment :- M. CHOCKALINGAM, J. 1. The petitioner one Mr.M.K.Manickam seeks a writ of habeus Corpus for the production of his daughter M.Vidya. 2. The case of the petitioner is that the second daughter of the petitioner by name M.Vidya was doing her B.C.A. (I year) in Sri Sakthi Kailash Women Arts and Science College. On 22.09.2009, as usual she went to the College, but she did not return home. After making a thorough enquiry, he went to the respondent police and gave a complaint. A case was registered on his complaint in Crime No.204 of 2009 for women missing. Though a case was registered on 02.11.2009, she has not yet been secured. Under such circumstances, this petition is filed. 3. At that time when the matter was taken up for enquiry, a request was made by the Counsel for the State that the above alleged detenue secured and hence she may be produced before the Court by this day. Accordingly the matter is taken up for consideration. 4. The petitioner is present. The affidavit filed in support of the petition is perused. The detenue is also produced before this Court. 5. When enquired, the girl would submit that she was born on 24.10.1990 and due to family quarrel she left the house on her own accord. According to her, now she is staying with one Navaneethakrishnan, who is working in a company at Thirupur and they have decided to marry each other. She further submitted that she is not willing to go with her father. 6. According to the petitioner, the custody of the girl could be given to him. 7. After looking into the materials available in particular the affidavit filed in support of this petition and hearing the detenue, it would be quite clear that the detenue was born on 24.10.1990 and she is a major. According to her, she went out of her own accord due to family quarrel from the house and she is going to marry one Navaneethakrishnan, who is working in a Company at Thirupur. As now she is a major, question of handing over custody of the girl to the petitioner would not arise. Hence the detenue is set at liberty. Accordingly, the Habeas Corpus Petition is disposed of.