High CourtsDivision Bench(2006) 04 MAD CK 0123

P. Balamurugan vs The Inspector of Police, The Superintendent of Police and M. Kalimuthu

Madras High Court · Decided on 10 April 2006

HON’BLE JUDGES
P. Sathasivam, J · J.A.K. Sampath Kumar, J
CASE NUMBER
Habeas Corpus Petition No. 341 of 2006

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Judgment

12 paragraphs · 251 words

P. Sathasivam, J.—The petitioner, by name, P.Balamurugan has filed this petition, seeking direction to the respondents for production of

detenue, by name, K.Muthulakshmi, D/o.M.Kalimuthu, Pulianthottam, Chinnadharapuram, before this Court and set her at liberty.

2.

Pursuant to our direction, the girl, by name, K.Muthulakshmi appeared before us. According to her, she is aged about 23 years, her date of

birth being 03.04.1984. It is the case of the petitioner that he married the girl K.Muthulakshmi on 20.02.2006. Pursuant to the marriage, the

petitioner filed this petition, since according to him, the girl is under the illegal custody of the third respondent, who is none else than the father of

the girl.

3.

In the light of the allegations made, we enquired the girl K. Muthulakshmi. According to her, she herself tied ''Thali'' and no marriage was ever

performed. She also asserted that both of them have not lived together even for a single day. She further informed us that on 03 .03.2006, she

married one Senthil Kumar in the presence of relatives and well wishers and according to her, from that date, she is living with him happily. In the

light of the above statement and of the fact that she being a major aged about 23 years, we are satisfied that she is not under the illegal custody of

third respondent as claimed by the petitioner.

In the light of the above information, we are satisfied that no further adjudication is required in this petition; accordingly, the same is closed.