N MAHESWARAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court one Maheswaran aged 28, has brought forth this petition seeking a writ of habeas corpus.

(2.) THE grievance ventilated by the petitioner is that one Valarmathi, aged about 24, the daughter of one Kalimuthu, belonged to his village that they were also residing in the same street that they fell in love with each other that they decided to marry that accordingly, the marriage took place at Palani Murugan Temple without the knowledge of the parents that thereafter, she was residing in the parents' house that when they came to know about the same, they detained her that subsequently, when he questioned, she was taken to Madras and left in the custody of the third respondent that while the matter stood thus, he received a phone call from her on 25.11.2008 that thereafter, he approached the second respondent police and gave a complaint on 2.12.2008 that it was treated as petition but, no action has been taken yet, and under the circumstances, he was compelled to file this petition for a writ of habeas corpus before this Court.

(3.) THE statement of the alleged detenue is recorded. THE Court heard the learned Counsel for the petitioner. He would maintain that there was actually a marriage. But no material is placed before the Court except the mere assertion made by the petitioner. From the statement made by her, it is noticed that she is a major, and the mother has also come. THE allegations in respect of the love and marriage are actually denied as recorded above. Under the circumstances, this Court feels that it is not a case where it can issue a writ or consider the request of the petitioner for taking her custody. Accordingly, she is set at liberty, and this habeas corpus petition is dismissed.