M. SUNDAR, N. ANAND VENKATESH
S. Uma – Appellant
Versus
Superintendent of Police Cuddalore – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus directing the second respondent to produce petitioner''s 19 years old daughter XXX D/o.Senthil Kumar, and set her at liberty.)
M. Sundar, J.,
1. Captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity) has been filed saying that the petitioner''s daughter ''XXX'' (We are masking the name of the petitioner''s daughter and she shall be referred to as ''absentee'' for the sake of brevity, convenience and clarity) is missing from 06.03.2023.
2. Mr.N.Suriyamuthu, learned counsel on record for the petitioner submits that the petitioner has lodged a complaint with the jurisdictional police (second respondent) on 07.03.2023 and the same has been taken on file vide Crime No.89 of 2023.
3. We find that there is no averment in the support affidavit about any illegal detention. We also notice that no private individual or private entity has been arrayed as co-respondent.
4. Be that as it may considering the facts, circumstances and the nature of the matter, we deemed it appropriate to issue notice. Learned State Additional Public Pro
The main legal point established is that the court will not issue a writ of habeas corpus if the missing person is found to have voluntarily left and not illegally detained.
The main legal point established is that the absence of illegal detention or custody is crucial in determining the applicability of a Habeas Corpus Petition.
The legal principle established is that the court will consider the age and marital status of the individual in habeas corpus cases to determine the presence of illegal detention or unlawful custody.
Preservation of rights of all concerned parties in a missing person case
The main legal point established in the judgment is the court's authority to dispose of a Habeas Corpus Petition after the subject of the petition is located and brought before the court, and adequat....
A habeas corpus petition can only be entertained if there is a prima facie case of illegal detention or a strong and reliable suspicion of such illegal detention.
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
The autonomy of a major individual to decide their own course of action, irrespective of the validity of their marriage, is a fundamental principle upheld by the court.
Adult daughter's autonomy in consensual relationship and independent living upheld in habeas corpus petition.
The court's decision was based on the principle that in cases of habeas corpus, the determination of illegal detention or custody is crucial, and in this case, the missing daughter's marriage and wil....
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