K V PRABAKARAN Vs. MAHESWARAN

JUDGEMENT

(1.) The petitioner is the father of the girl, Preethi, allegedly of about 17 years of age. There is no dispute that the said girl is living with the second respondent at the present. The case of the petitioner is that the girl was kidnapped by the second respondent on 15-2-1994 while she was in her school. Since the girl has been taken out of the custody of the petitioner without his consent, it is claimed that she is in illegal custody and a writ of Habeas Corpus is prayed for securing her release.

(2.) The second respondent has entered appearance and has stated in his counter affidavit that the girl Preethy is living, with him voluntarily and of her sweet will. She was about 19 years of age and lawfully married to him on 6-5-1994. It is also stated that the girl is now Pregnant. It is further submitted that after he and the girl started living together, a panchayat of the community was called on 4-3-1994, where the girl was voluntarily given to the parents of the second respondent by the petitioner and his wife. The proceedings of the Panchayat have also been produced and are not denied. It is, however, submitted on behalf of the petitioner that the so-called consent obtained in the Panchayat was because of undue influence on him by the politicians of the area, who had assembled at the panchayat as members thereof.

(3.) The first respondent-Inspector of Police, however, submitted that a report was lodged on 27-4-1994 to the effect that the girl was missing and hence an offence under Section 366 Indian Penal Code was registered. During investigation, on 21-5-1994 the girl's statement was taken and it appeared to Dim that she had lawfully married the second respondent and was living with him as a husband and wife. It was also stated that on that day, the jewellery which has in the possession of the girl and belonging to the petitioner, was referred to the petitioner. By then this writ petition has been filed in this Court and therefore, no further investigation in the matter was done.