L. Omana v. Superintendent of Police Kanyakumari District
2013-02-01
M.JAICHANDREN, S.NAGAMUTHU
body2013
DigiLaw.ai
Judgment : M. Jaichandren, J. 1. This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the respondents 1 and 2 herein to secure the detenue, namely, K.Priya, aged about 20 years, who is the daughter of the petitioner, from the illegal custody of the third respondent and produce before this Court and to set her at liberty. 2. Today, when the matter was listed for hearing, the detenue appeared before this Court and had submitted that she had married the third respondent. The said marriage had been registered on the file of the Registrar of Marriages, Kottaram in Kanyakumari District. Thereafter, the detenue and the third respondent, who is a business man dealing in buying and selling of yarn, have been living together in Anjugramam in Kanyakumari District. She has further stated that she is not willing to to go with the petitioner who is her mother. On the contrary, she has stated that she wants to go with the third respondent, who is her husband. 3. In such circumstances, this Court is of the prima facie view that the detenue is not in the illegal custody of the third respondent as alleged by the petitioner in the present Habeas Corpus Petition. As no further orders are necessary, the Habeas Corpus Petition stands closed.