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2023 DIGILAW 514 (MAD)

D. Philip Raj v. Commissioner of Police, Chennai

2023-02-08

M.NIRMAL KUMAR, M.SUNDAR

body2023
ORDER : Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's wife Indhumathi D/o Santhanam, Female, aged approximately 22 years old before this Court and set her at liberty. 1. This Habeas Corpus Petition is filed by the petitioner to direct the second respondent to produce his wife Indhumathi D/o Santhanam before this Court and set her at liberty. 2. The petitioner lodged a complaint stating that he married one Indhumathi/detenue herein on 21.10.2022 and thereafter, they also registered their marriage. Since they both belong to different communities, their marriage was not accepted by the detenue's family. Both the petitioner and the detenue started their matrimonial life and living happily from 21.10.2022. On 07.11.2022, the parents of the detenue took her on the pretext that within two days she will join the petitioner as they had some formalities of signing of documents to be completed. Thereafter, the petitioner's wife/detenue was in touch with him. Suddenly on 14.11.2022, the detenue's mobile was switched off and the petitioner was unable to contact her. When the petitioner approached the detenue's parents and family members, they were not willing to allow the detenu to join him and kept her in confinement. Hence, the petitioner filed the above petition. Along with the present petition, the petitioner annexed whatsapp messages, educational certificate and aadhaar card of his wife/detenue herein. 3. Heard the learned counsel appearing for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondents 1 and 2. 4. Today [08.02.2023] the third respondent and her daughter [detenue herein] are present before this Court. 5. This Court had interactions with the petitioner and his wife [detenue herein]. The detenue submitted that she is presently residing with her parents, now she had joined B.Ed course in Annai Theresa College, Pavithram, Tiruvannamalai District and focused to complete her education, thereafter she will decide with regard to her future. She further confirms that she is residing with her parents on her own will without any compulsion. 6. The petitioner and the detenue were allowed to speak for some time and thereafter, the petitioner submits that the detenue is residing with her parents on her own will and his only apprehension is that in future her parents might compel her to have marriage against her wish. 7. 6. The petitioner and the detenue were allowed to speak for some time and thereafter, the petitioner submits that the detenue is residing with her parents on her own will and his only apprehension is that in future her parents might compel her to have marriage against her wish. 7. This Court on interaction finds that there is no illegal detention of the detenue by her parents or any other relative. 8. In view of the above, the Habeas Corpus Petition stands closed. It is made clear that the factual aspects have been captured for disposal of the above petition. There shall be no order as to costs.