THENMOZHI Vs. SUPERINTENDENT OF POLICE, DHARMAPURI DISTRICT

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed praying that this court may be pleased to issue a Writ of Habeas Corpus directing the first and the second respondents to produce the detenue, namely, N.Divya, the daughter of the petitioner, said to have been illegally detained by the third respondent, before this court, and to set her liberty.

(2.) It has been stated that the petitioner is the mother of the detenue namely, N.Divya, aged about 20 years. The petitioner has two children, N.Divya and N.Manisekar. On 7.11.2012 the petitioner s husband, late Nagaraj, had committed suicide due to the fact that his daughter, N.Divya, had married one Elavarasan, son of Elango, the third respondent herein.

(3.) It has been further stated that the alleged marriage between N.Divya and the third respondent is illegal, as the third respondent is a minor and he had not completed the age of 21 years, for contracting a valid marriage, as per the provisions of the Hindu Marriage Act, 1955.