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M. SUNDAR, N. A NAND VENKATESH
Santhi Marimuthu – Appellant
Versus
Superintendent of Police, Nagapattinam – Respondent
JUDGMENT
(Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to to direct the 1st respondent to produce the missing daughter of the petitioner Ms.Mohanapriya, aged 19 years before this Hon''ble Court and set her at liberty.)
M. Sundar, J.
This order will now dispose of the captioned matter.
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 02.03.2023 and a scanned reproduction of the same is as follows:
3. Aforementioned earlier proceedings is telltale qua the crux of the matter as well as the trajectory the matter has taken in being listed today. To be noted, as regards listing today, adverting to paragraph No.5 of the previous proceedings, learned Additional Public Prosecutor, instructed by Mr.P.Palanivel (SI), Naagoor Police Station, mentioned the matter saying that the absentee has been located.
4. The matter was listed at the request of both sides, Mr.C.Saikrishna, learned counsel on record for the petitioner, petitioner, Mr.R.Muniyapparaj, learned Additional Public Prosecutor for respondents 1 and 2 (official respondents), Mr.M.Govindarajan, learned c
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....
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 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....
The absence of illegal detention is crucial in determining the necessity of a Habeas Corpus legal drill under Article 226 of the Constitution of India.
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 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.
Adult daughter's autonomy in consensual relationship and independent living upheld in habeas corpus petition.
Preservation of rights of all concerned parties in a missing person case
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.
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