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Judgment
M. Chockalingam, J.—Invoking writ jurisdiction of this Court, one R. Sumathi has brought forth this petition, seeking for production of her
minor daughter Kumari.
Affidavit filed in support of the petition is perused and heard the learned Counsel appearing for the Petitioner. The detenue also produced before
this Court along with the fourth Respondent.
The case of the Petitioner is that her minor daughter is aged 17 years and when marriage was fixed for her, she was taken away by the fourth
Respondent along with 5 sovereigns of gold jewels. Immediately, she gave a complaint to the Respondent-police on 1.7.2010, but she was not
secured. Under the circumstances, this application has been brought forth by the Petitioner.
When the matter was taken up for enquiry, learned Counsel appearing for the State submits that the alleged detenue is produced before this
Court along with the fourth Respondent. When this Court enquired the detenue, she stated that she is 18 years old and the marriage between her
and the fourth Respondent took place on 29th January, 2010 and a child was also born on 5.8.2010. The child is also brought by them. According
to her, she did her +2. Equally, the fourth Respondent also did +2. They fell in love with each other for three years. They developed intimacy and
thereafter, the marriage took place between them on 29th January, 2010. Their marriage was opposed to by her family members. Hence, both of
them went out of their houses on their own accord. The detenue is a major and the marriage also took place between them and they are also living
happily.
As per the averments in the affidavit filed in support of the petition, the detenue was 17 years old. But, according to the detenue, she is 18 years
old. The detenue and the fourth Respondent fell in love with each other for three years, which culminated in their marriage in the month of January,
2010, as a result of which a child was also born. Both of them are leading a happy marriage life and they have blessed with a child.
Recording the statement made by the detenue, this habeas corpus petition is disposed of.