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M. SUNDAR, M. NIRMAL KUMAR
Mary Naveena Premkumar – Appellant
Versus
Commissioner of Police Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondent to produce the petitioner''s mother Sheeba aged about 73 years illegally detained by the 4th respondent herein and set her at liberty.)
M. Nirmal Kumar, J.,
1. The petitioner has filed this petition on the apprehension that her mother namely, ''Ms.Sheeba'' [hereinafter ''absentee'' for the sake of convenience and clarity] aged about 73 years is in illegal detention at the hands of the fourth respondent.
2. In the affidavit, it is averred that the petitioner had earlier instituted a civil suit against her husband on behalf of her son for alienating joint family property. Since the petitioner is working in Australia, she has given power of attorney to the absentee to conduct the case on her behalf. Thereafter, the brother of the petitioner''s husband threatened the petitioner and the absentee. A complaint was lodged with the Inspector of Police, Kilpauk on 14.02.2022 but no FIR has been registered. Thereafter, an anonymous complaint has been addressed to Australian Human Rights Commission and Department of Social Services which was re
The main legal point established in the judgment is that the court will dismiss a petition for a writ of habeas corpus if it finds that the alleged detainee is not illegally held but has voluntarily ....
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 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 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.
The central legal point established in the judgment is the court's authority to ensure the liberty of individuals through habeas corpus petitions and to determine the legality of detentions.
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.
Preservation of rights of all concerned parties in a missing person case
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
Habeas corpus is not maintainable where the alleged detenue voluntarily travels abroad and confirms her position to the Court.
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