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M. SUNDAR, N. ANAND VENKATESH
Chennammal – Appellant
Versus
State represented by its the Superintendent of Police, Krishnagiri District – Respondent
JUDGMENT
(Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the body of the petitioner''s minor daughter, namely, Ms.Durga, aged 17 years, D/o.Rajkumar-Chennammal, before this Court and hand over to the petitioner.)
M. Sundar, J.
This order will now dispose of the ''Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of brevity and convenience].
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous two listings on 24.02.2023 and 14.03.2023, which read as follows:
Proceedings dated 24.02.2023:
''Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and clarity] has been filed stating that the petitioner''s minor daughter xxxx (we are masking the name of the minor) aged about 17 years, who shall hereinafter be referred to as ''absentee'' for the sake of convenience and clarity is missing from 11.01.2023. It is stated that it is believed that the absentee is in illegal custody of third respondent (private respondent). This submission is made by Mr.T.Arockia
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 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 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 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....
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
Adult daughter's autonomy in consensual relationship and independent living upheld in habeas corpus petition.
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