B KOTHANDAN Vs. STATE REP

JUDGEMENT

(1.) One B. Kothandan has filed this habeas corpus petition, alleging that his son Manoj Kumar, who is only 17 years old and doing Second year diploma in Mechanical Engineering at PSB Polytechnic College, was found missing from 7.3.2010. Despite search, his son could not be traced. Under such circumstances, he lodged a complaint before the first respondent, but case was not registered. Only a receipt has been given treating it as petition. After giving complaint, the petitioner suspected that the daughter of the second respondent, who was also doing course along with his son, had love affair with him and they belong to different community. It is brought to the notice of the police to trace the detenu, but not done. Under the circumstances, this habeas corpus petition has been filed by the petitioner.

(2.) When the matter is taken up for enquiry, the detenu appeared before this Court through counsel and he was enquired by the Court. According to him, he was born on 7th October, 1991 and he was doing II year Polytechnic course. He also married one Uma Devi on 8.3.2010 at Melmaruvathur and also living with her. He is not willing to go with parents. He also produced his birth Certificate.

(3.) After hearing the detenu and perused the birth Certificate produced by the detenu, it is clear that the detenu was born on 7.10.1991 and he is a major. Apart from this, he also married one Uma Devi on 8th March, 2010 and living with her and he is not willing to go with the parents. Since the detenu is a major and he also got married and wants to live separately, the question of handing over the custody of the detenu would not arise and the detenu is at liberty to live separately. The Habeas Corpus Petition stands disposed of accordingly.