S. VAIDYANATHAN, A. D. JAGADISH CHANDIRA
Saran – Appellant
Versus
Commissioner of Police, Commissioner Officer, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd Respondent police to produce the detenue namely Faseelah Banu wife of Saran aged 21 years to this Court from illegal custody of 3rd Respondent and set her at liberty.)S. Vaidyanathan. J. & A.D. Jagadish Chandira. J.
This Habeas Corpus Petition has been filed to direct the 2nd Respondent police to produce the detenue namely Faseelah Banu wife of Saran aged 21 years to this Court from illegal custody of 3rd Respondent and set her at liberty.
2. The case of the petitioner in brief is as follows:
(i) The Petitioner had love affair with one Faseelah Banu for the past 4 years and after coming to know of the same, the 3rd Respondent who is the father of the detenue attempted to arrange marriage for the detenue. Thereafter the petitioner informed about the same to his father and when his father approached the 3rd Respondent and requested to arrange marriage for the Petitioner and the detenue, he refused to accept the marriage proposal mooted out by the petitioner's father and thereafter detained the detenue in her house and restricted her to contact
The judgment emphasizes the limited scope of Habeas Corpus Petition and the requirements for a valid marriage under Mohammed Law and civil contract principles.
Writ of Habeas corpus – Maintainability – Married daughter staying with parents – Locus standi of father in law – Grievance of that wife staying at her parents place only husband has remedy to approa....
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