M RAMESH Vs. SUPERINTENDENT OF POLICE TIRUVALLUR

JUDGEMENT

(1.) Invoking the writ jurisdiction of this Court, one M.Ramesh has brought forth this application to issue a writ of Habeas Corpus alleging that he married one Hemalatha, alleged detenue on 4.6.2009 at Kalahasthi and they were living together. While the matter stood thus, on 22.3.2010 at about 6.00 p.m., the 4th respondent of Kalavai Village, Uthukottai Taluk along with the support of others have taken her away. After making a search, he made a complaint before the third respondent police and a case came to be registered in Crime No. 81 of 2010 for 'girl missing' but she was not yet secured. Under such circumstances, this application was brought before this Court.

(2.) When the matter is taken up by this Court, the petitioner is present. The learned counsel for the State would submit that the detenue was secured by the police and produced before the Judicial Magistrate No.1, Uthukottai and the statement of the detenue was recorded and she was found to be minor. Hence, she was handed over to the custody of her parents. The detenue is present in Court. The parents of the detenue are also present in Court.

(3.) When the detenue is enquired. She would submit that she was born on 7.3.1993. It is true that the marriage between herself and Mr.Ramesh took place on 4.6.2009 and they were living together. Now, she was actually staying with her maternal grand mother at Katchur near Tiruvellore District and the allegation that she was taken by the 4th respondent and others was not correct. At the same time, she would submit that she is willing to go and live with the petitioner. The statement made by the detenue is recorded.