AI Structured Summary
Not yet generated for this judgment
Judgment
V. Periya Karuppiah, J.—This Habeas Corpus Petition has been filed by the petitioner seeking for the production of the detenu-Moorthy, son of Arumugam, said to have been illegally detained by the third and the fourth respondents herein, before this Court and to set him at liberty.
The detenu-Moorthy, son of Arumugam, aged about22 years, has been produced before this Court. The petitioner is also present before us. On enquiry, the detenu has stated that he has not married the petitioner and there is no relationship of husband and wife, between them. The detenu had further stated that there was no marriage, as alleged by the petitioner and that he was only having friendship with her when he was playing cricket in the ground close to her house. He had further stated that he is not willing to go along with the petitioner and he is not under the illegal custody of anyone, much less the respondents 3 and 4.
We have also enquired the petitioner. She had stated that she was married to the detenu in a nearby temple, viz. Arulmigu Mariamman Temple and the saidmarriage was solemnized. A complaint was also made by her before the second respondent-Police stating that she was 3months pregnant.
We have carefully considered the submissions of the petitioner and the detenu. Since, the detenu does not want to go along with the petitioner, we cannot compel him to do so, as he is a major. Since, the detenu produced before us is not found to be under the illegal custody of anyone, much less the respondents 3 and 4, the Habeas Corpus Petition is closed, as nothing further remains to be considered.
The petitioner is at liberty to initiate appropriate proceedings before the appropriate Court for necessary relief, to redress her grievance, if so advised.