PALANISAMY Vs. STATE

JUDGEMENT

(1.) THE petitioner claims to be husband of one Usha, the daughter of respondents 2 and 3. The petitioner claims that he got married her on 5. 9. 2005 before the Sub-Registrar Office at Salem West. Subsequent to that, as admitted by the petitioner, his wife wanted to continue her studies and she went to the house of her parents and she also wanted to pursue her career at Chennai. It is admitted by the petitioner that respondents 2 and 3 did not know about the marriage between himself and his wife. It is alleged by the petitioner that marriage has been fixed for his wife without her consent with a third person and therefore, this Habeas Corpus Petition has been filed.

(2.) THE learned counsel for the petitioner strenuously argues that the petitioner will be satisfied if he sees his wife's face. He has reason to believe that her life is in danger. The learned counsel also submits that a copy of the marriage certificate has been enclosed in the typed set of papers which would show that the marriage had taken place. The learned counsel further submits that a complaint had been laid on 3. 9. 2008 regarding the fact that his wife is missing.

(3.) WE are disturbed by the number of Habeas Corpus Petitions filed, which are nothing but matrimonial matters described as Habeas Corpus Petitions. The parents who are disappointed with the choice made by their children, the men who claim to be the husbands on the basis of registration certificates, some of which we have found to be extremely suspect, come to Court claiming that wife is kept in illegal detention or the parents are keeping the spouse in illegal detention. If a man or a woman stays away from his/her spouse without a reasonable cause, the law provides for a remedy of the application of restitution of conjugal rights. A man or a woman who has completed 18 years have the right to choose his/her partner. Whether the parents are satisfied with their choice or not they cannot file Habeas Corpus Petitions. But they do and request us to direct the concerned police to pursue these couples. We think the police should be better employed.