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2006 Supreme(Mad) 425

J.A.K.SAMPATHKUMAR, P.SATHASIVAM
Molappagounder – Appellant
Versus
The Superintendent of Police Namakkal District & Others – Respondent


Advocates Appeared:For the Petitioner:N. Manokaran, Advocate. For the Respondents:R1 & 2, Abudukumar Rajarathinam Govt. Advocate (Crl.side),R3, S. Ramesh, Advocate.

Judgment :-

(Petition filed under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus as stated therein.)

P. Sathasivam, J.

The petitioner by name Molappagounder, has filed this petition. He is a grand father of the detenue, minor Preetha. He has filed this petition for production of minor Preetha from the custody of 3rd respondent before this Court and entrust her lawful custody to the petitioner herein.

2. Pursuant to the direction of this court, the minor girl Preetha appeared before us. Since her date of birth being 20.09.1988, she is a minor. According to her, she married one Sivakumar, S/o. Thangavel and now she is in the advance stage of pregnancy.

3. The petitioner/grand father of the detenu, her mother also appeared before us. In spite of the fact that the minor girl is in advanced stage of pregnancy, they are not willing to take back herself as well as her husband Sivakumar, who is also present before us. Our further inquiry shows that the detenue is determined to live with her husband Sivakumar. Though the petitioner and mother of the detenue inclined to take the detenue, they are not allowing Sivakumar to accompany her and this is not lik



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