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2014 DIGILAW 373 (MAD)

T. Ganesan v. Superintendent of Police, Erode District

2014-02-17

K.KALYANASUNDARAM, M.JAICHANDREN

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Judgment : M. Jaichandren, J. 1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2. 2. This Habeas Corpus Petition has been filed by the petitioner, who is said to be the husband of the detenue, namely, Ramya, aged about 19 years. He had filed the Habeas Corpus Petition praying that this court may be pleased to direct the respondents to produce the detenue, namely, Ramya, before this Court and to set her liberty, forthwith. 3. At this stage of the hearing of the Habeas Corpus Petition the detenue, namely, Ramya and her father, the third respondent herein were present before this court. On enquiry, the detenue had stated that she had married the petitioner, on 12.12.2013, and had registered their marriage at the office of the Sub Registrar, Sirkali, on 16.12.2013. Thereafter, due to the disputes that had arisen between them, the detenue had filed a petition for divorce, before the Sub Court, Bhavani, and the same is pending. Since then she has been living with the third respondent, who is her father, at Manickampalayam, Bhavani Taluk, Erode. 4. From the birth certificate produced before this court, it is noted that the detenue was born on 30.8.1995. As such, it could be noted that the detenue is 19 years of age and that she is a major. Further, the detenue had stated that she is living with her father, the third respondent herein, on her own volition. She had also submitted that she does not want to go along with the petitioner, at this stage. 5. In view of the statements made by the detenue, who has been produced before this court, by the second respondent police, we find it appropriate to set her at liberty and to permit her to live with her father, the third respondent herein. In such circumstances, as no further orders are necessary, the Habeas Corpus Petition stands closed.