LAWS(MAD)-2009-12-269

M THANGARAJ Vs. SUPERINTENDENT OF POLICE

Decided On December 15, 2009
M THANGARAJ Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) INVOKING the Writ jurisdiction of this Court, the petitioner, namely, Thangaraj, has filed this petition for issuance of a Writ of Habeas Corpus, for production of his daughter, namely, Divya, aged about 21 years.

(2.) THE affidavit filed in support of the petition is perused. The Court heard the learned counsel for the petitioner. The case of the petitioner is that his daughter Divya, aged about 21 years, was doing B. C. A. , Final Year in a college at Thiruchengode; that on 13. 11. 2009 when she went to the college, she did not return; that immediately he rushed to the respondent police station and gave a complaint, but they refused to take the complaint on file; that thereafter, he came to know that one Raja, son of Subramaniam, has married his daughter; that even though the same was brought to the notice of the police, instead of taking action against the said Raja, they insisted the petitioner to give an undertaking that he should not interfere with the marital life of his daughter; under such circumstances, he apprehended that the life and safety of his daughter is in danger in the hands of Raja and hence, he was forced to file this hebeas corpus petition before this Court.

(3.) WHEN the matter was taken up for enquiry, the respondents police produced the alleged deteue Divya and she is also enquired by the Court. According to her, she was born on 21. 08. 1989; when she was doing her third year B. C. A. , in the college at Tiruchengode, she fell in love with Raja, son of Subramaniam and the marriage was taken place in a temple at Vennandhur on 08. 11. 2009 and the same was registered before the Sub Registrar, Veerapandi and now they are living together; on coming to know that he belongs to a different community, her father has been making attempts to disturb their marital life and her family members were threatening to eliminate both of them. Further, she has also filed a letter before this Court as to the above fact and she requests that proper protection has to be given to them.