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2026 DAILYLAW 44968 (MAD)

Siva v. The Deputy Superintendent of Police,

HCP/1065/2026 · 2026-07-01

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:MHC:2550 HCP No. 1065 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 1065 of 2026 Siva S/o. Kaliyappan, No.133, OOdakkal Street, Maiyur, Tiruvannamalai District - 606 753. ..Petitioner(s) Vs 1. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Tiruvannamalai District. 2. The Inspector of Police, Town Police Station, Tiruvannamalai, Tiruvannamalai District. 3. Suresh Residing at No.34, Chenguttvan Street, Tiruvannamalai - 606 601. 4. Radhika W/o. Suresh, Residing at No.34, Chenguttvan Street, Tiruvannamalai - 606 601. ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus to direct the first respondent to produce the https://www.mhc.tn.gov.in/judis 2026:MHC:2550 HCP No. 1065 of 2026 __________ Page2 of 4 person namely, Durgasri D/o. Suresh aged about 23 years from the illegal custody at the hands of third and fourth respondent and set her at Liberty. For Petitioner(s): MR.S.Suresh For Respondent(s): Mr. C.R. Malarvannan, Counsel for Government of Tamil Nadu (Crl. Side) for R1 & R2 Ms.S.Suseela Devi for R3 and R4 Mr.T.Shanmugam for Detenue ORDER (Order of the Court was made by Dr.Anita Sumanth J.) One Siva 28 years has instituted this Habeas Corpus Petition seeking production of Durgasri aged 23 years (DoB: 04.03.2003). He claims that they were married and she is presently in illegal detention of the private respondents/ her parents. 2. On 29.6.2026, we had passed the following order: “Ms.S.Suseela Devi, learned counsel, who appears for R3 and R4 says that the detenue has voluntarily left the matrimonial home and is presently with R3 and R4. Learned counsel further says that the detenue has filed a petition before the Family Court, Tiruvannamalai HMOP No.126 of 2026. 2.List on 01.07.2026 at 12.00 non. Let detenue along with R3 and R4 be present on the date of hearing.” 3. The parties are present today and we had interacted with both petitioner as well as detenue. Detenue has accedes to the marriage that has taken place on 25.05.2026. She however says that she has had a change of heart and presently does not wish to pursue the marriage. In fact, according to her, she was forced https://www.mhc.tn.gov.in/judis 2026:MHC:2550 HCP No. 1065 of 2026 __________ Page3 of 4 into marriage on account of emotional pressure exerted by the petitioner. She also states that she is taking steps to dissolve the marriage in a manner known to law. 4. Be that as it may, our interactions leave us no doubt that the detenue is not in illegal detention and hence there is nothing that survives in this petition. Recording the aforesaid, we close this Habeas Corpus Petition. (A.S.M.,J.) (S.M.,J.) 01-07-2026 Index: Yes/No Speaking Neutral Citation: Yes DP To 1. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Tiruvannamalai District. 2. The Inspector of Police, Town Police Station, Tiruvannamalai, Tiruvannamalai District. https://www.mhc.tn.gov.in/judis 2026:MHC:2550 HCP No. 1065 of 2026 __________ Page4 of 4 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. DP HCP No. 1065 of 2026 01-07-2026 https://www.mhc.tn.gov.in/judis