SHANTHA Vs. SUPERINTENDENT OF POLICE, MADURAI DISTRICT

JUDGEMENT

(1.) The petitioner is the mother of one Sasiya Stebi, aged 21 yeaRs. According to the petitioner, she has been found missing from 27.11.2011 onwards. The petitioner's subsequent enquiry revealed that the detenue was illegally detained by the third respondent. With this allegation, the petitioner has made a complaint to the police on the same day, but so far no action has been taken. Hence, she has filed the present Habeas Corpus Petition. When this Habeas Corpus Petition came up for hearing on 12.12.2011, the learned Additional Public Prosecutor took notice and wanted time to get instructions. Accordingly, the matter was adjourned by two weeks. Today, the learned Additional Public Prosecutor made a mention that the detenue along with the third respondent are ready to appear before this Court. In view of the said statement made by him, the matter has been listed in the special list and accordingly, this Court has taken up the same.

(2.) Now, the petitioner is present. The detenue is present on her own. The third respondent is also present. On enquiries, the detenue would submit that she has not been illegally detained by the third respondent. As a matter of fact, according to the detenue, she had fallen in love with the third respondent and on her own volition, she went out of the house and married him on 27.11.2011 at Meenakshi Amman Temple at Madurai. The third respondent is a student doing B.E. Course. Now, according to the detenue, she is living with the third respondent in Madurai as husband and wife. The above statements are recorded. In view of the said statement made by the detenue, since there is no illegal detention, the Habeas Corpus Petition is dismissed with liberty to the detenue to go with the third respondent, according to her own wish.