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M. SUNDAR, M. NIRMAL KUMAR
D. Philip Raj – Appellant
Versus
Commissioner of Police, Chennai – Respondent
ORDER :
Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's wife Indhumathi D/o Santhanam, Female, aged approximately 22 years old before this Court and set her at liberty.
1. This Habeas Corpus Petition is filed by the petitioner to direct the second respondent to produce his wife Indhumathi D/o Santhanam before this Court and set her at liberty.
2. The petitioner lodged a complaint stating that he married one Indhumathi/detenue herein on 21.10.2022 and thereafter, they also registered their marriage. Since they both belong to different communities, their marriage was not accepted by the detenue's family. Both the petitioner and the detenue started their matrimonial life and living happily from 21.10.2022. On 07.11.2022, the parents of the detenue took her on the pretext that within two days she will join the petitioner as they had some formalities of signing of documents to be completed. Thereafter, the petitioner's wife/detenue was in touch with him. Suddenly on 14.11.2022, the detenue's mobile was switched off and the petitioner was unable to contact her. W
A Writ of Habeas Corpus is dismissed when an alleged detenue voluntarily provides a statement confirming their free will to reside with their parents, as there is no evidence of unlawful detention.
A Habeas Corpus petition regarding a missing spouse and children is maintainable for discovery and safety, but the Court's jurisdiction is limited to locating them and does not extend to adjudicating....
The court upheld the dismissal of the habeas corpus petition as the detenue was not found to be in illegal detention.
The judgment emphasizes the limited scope of Habeas Corpus Petition and the requirements for a valid marriage under Mohammed Law and civil contract principles.
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