K. Balu vs The Commissioner of Police, The Inspector of Police, R. Krishnaveni and Karthikeyan

M. Chockalingam, J.—Seeking a Writ of Habeas Corpus, the petitioner one Balu has brought-forth this petition stating that his son

Raguraman was found missing from 10.2.2009. He gave a complaint on 26.2.2009 but no steps have been taken by the police. Under the

circumstances, he approached this Court by filing this petition.

Actually, when the matter was taken up last hearing i.e. on 06.4.2009, it was brought to the notice of this Court that neither a case was

registered nor the detenu was secured. Hence, a direction was issued to the 2nd respondent police to trace the detenu and produce along with the

respondents 3 and 4 before the Court.

Now, this day, it is represented by the learned Additional Public Prosecutor appearing for the State that the third respondent along with the

detenu appeared before the second respondent Police Station and they are brought before the Court.

Both the detenu and the third respondent are enquired. The detenu would state that he is 19 years old and he married the third respondent, a

divorcee. According to the third respondent, she was married earlier but it ended in divorce and thereafter, she married the detenu and that their

marriage took place at Kochadai Muthiah Temple in Madurai and now they are living together. The statement of the detenu and the third

respondent are recorded.

The petitioner is present in Court. The petitioner would submit that custody of his son could be given to him.

From the submissions, it could be seen that the boy is 19 years old. It is represented by the alleged detenu that he has already married the third

respondent and even the third respondent has also stated that the marriage between him and the alleged detenu took place on 18.2.2009 and they

are living together as husband and wife. From the submissions made, it would be quite clear that the third respondent is 23 years old and the boy is

only 19 years old. Thus, they are majors. Now, the Court cannot go into the question as to the factum of the alleged marriage or as to the validity

of the alleged marriage since the detenu is a major and he has also been produced before the Court and the statement given by the third

respondent and the alleged detenu is recorded. The Petition has got to be disposed of setting him at liberty. It is open to the parties to approach

appropriate forum for getting a decision as to the factum and validity of the alleged marriage. Accordingly, the Habeas Corpus Petition is disposed

of.