JAFFER HUSSAIN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, one Jaffer Hussain has brought forth this petition to issue a writ of Habeas Corpus for the production of his wife by name Senthamil Selvaraj @ Shameera.

(2.) THE petitioner is present before this Court along with the alleged detenue Senthamil Selvaraj @ Shameera. THE case of the petitioner is that he and the detenue fell in love with each other for nearly about 5 years and they got married on 21.12.2009 at Lajunathul Irshaad Muslim Association (Jamath) situated at Mannady, Chennai. THEy were living together and leading a happy life. While the matter stood thus, the family members of the detenue adopted dilatory tactics to take her from her matrimonial home. Accordingly, the detenue was taken on 24.12.2009 by her brothers under the guise that her mother was not doing well. She could not come out from there for more than two months as she was forcibly kept there. Under such circumstances, it became necessary for the petitioner to approach the Police. Since the Police could not rescue her, the petitioner has come forward with this petition before the Court seeking to issue a writ of Habeas Corpus.

(3.) FROM the submissions made, it is quite clear that originally, the detenue, who was a Hindu, has converted to Muslim and married the petitioner on 21.12.2009 before Lajunathul Irshaad Muslim Association (Jamath) and they were living together. She has been in her parental home for two months and now, she has joined with her husband. She is aged 26 years. Hence, she is a major. The statement made by the detenue is recorded and she is set at liberty.