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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND
THE HON'BLE MS JUSTICE R.POORNIMA H.C.P(MD)No.337 of 2025 Chelladurai
... Petitioner/Husband of the detenue .Vs. 1.The State of Tamil Nadu, represented by its The Superintendent of Police, Virudhunagar District. 2.The Inspector of Police, Virudhunagar All Women Police Station, Virudhunagar District. 3.Veilatchi 4.Maruthu 5.Kavitha ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to direct the respondents 1 and 2 to secure and produce the body or person of the detenue namely, Shobana, daughter of Veilatchi, aged 1/6 https://www.mhc.tn.gov.in/judis
about 21 years, before this Court and set her at liberty. For Petitioner : Mrs.S.Ragaventhre for M/s.V.Kathirvelu Senior Counsel For Respondents : Mr.S.Ravi 1 and 2
Addl.Public Prosecutor For Respondents : Mr.V.Neelakandan 3,4 and 5 O R D E R DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J The Habeas Corpus Petition is filed seeking a direction to the respondents 1 and 2 to secure and produce the body or person of the detenue namely, Shobana, daughter of Veilatchi, aged about 21 years, before this Court and set her at liberty. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/6 https://www.mhc.tn.gov.in/judis
3.This Habeas Corpus Petition filed by the Petitioner stating that he married X and her parents kept in their custody. The Petitioner states that he married X in a temple on 09.03.2025, however, her parents had forcibly taken her. In this regard, he relies upon the complaint given to All Women Police Station, Virudhunagar in the name of X and photographs exchanging garlands infront of a Hindu deity. 4.The learned Additional Public Prosecutor appearing for the respondents 1 and 2/State states that the complaint received from X by the Police was enquired and in the Police Station, the said X expressed her wish to go with her parents on
9.3.2025. 5.Today, the said X was produced before this Court. On enquiry, she states that the Petitioner is a known person to the family of the detenue, but has some dispute with her family., By force, took her from her home under threat. After enquiry by the Virudhunagar All Women Police Station, she was rescued by her parents and she is presently with her parents. She emphatically denies tht the claim of the petitioner about the marriage alleged in this Petition.
Since the 3/6 https://www.mhc.tn.gov.in/judis
Petitioner claims to be the husband of X, only rely upon the photographs,which,according to X is morphed photographs taken under threat. It is a matter to be investigated by the Police. 6.As far as the Habeas Corpus Petition is concerned, it is liable to be dismissed, since the person whom the Petitioner claims to be her wife is not his wife and she is not under illegal custody of any peson. She is safe with her parents, who are also present today. 7.For the reasons aforesaid, this Habeas Corpus Petiion is dismissed. [G.J.,J.] [R.P.,J.]
27.03.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Superintendent of Police, Virudhunagar District. 2.The Inspector of Police, 4/6 https://www.mhc.tn.gov.in/judis
Virudhunagar All Women Police Station, Virudhunagar District. Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis
.G.JAYACHANDRAN, J. and R.POORNIMA ,J. vsn
ORDER MADE IN H.C.P(MD)No.337 of 2025 27.03.2025 6/6 https://www.mhc.tn.gov.in/judis