HIGH COURT OF JUDICATURE AT MADRAS
M. SUNDAR, N. ANAND VENKATESH, JJ.
Chennammal - Appellant
Versus
State represented by its the Superintendent of Police, Krishnagiri District & Others - Respondents
H.C.P. No. 283 of 2023
Decided On : 23-03-2023
Habeas Corpus - Minor Daughter - The court disposed of the Habeas Corpus Petition after the minor daughter, who was the subject of the petition, was located and brought before the court. The mother of the minor daughter assured the court that she would provide adequate care for the minor.
Fact of the Case:
The petitioner filed a petition under Article 226 of the Constitution of India seeking a writ of habeas corpus to produce the petitioner's minor daughter before the court.
Finding of the Court:
The court disposed of the Habeas Corpus Petition after the minor daughter was located and brought before the court. The mother assured the court that she would provide adequate care for the minor.
Issues: The main issue was the alleged illegal custody of the petitioner's minor daughter and the need to produce her before the court.
Ratio Decidendi: The court's decision was influenced by the fact that the minor daughter was located and brought before the court, and the mother assured the court of providing adequate care for the minor.
Final Decision: The Habeas Corpus Petition was disposed of as closed after the minor daughter was located and brought before the court, and the mother assured the court of providing adequate care for the minor.
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 Dass, learned counsel of M/s.Dass and Viswa Associates (Law Firm) for petitioner.
2. Mr.R.Muniyapparaj, learned Additional Public Prosecutor accepts notice for respondents 1 and 2 (official respondents). Learned Prosecutor submits that an FIR in Crime No.2 of 2023 has been registered on 12.01.2023 on the file of second respondent police and adequate steps have been taken to locate the absentee. Learned Prosecutor requests for some more time to carry the matter to its logical end. Be that as it may, learned Additional Public Prosecutor, on instructions from second respondent police submits that the absentee on 15.11.2022 called child helpline and complained that her mother and father are arranging for a marriage. It is further submitted by learned Prosecutor on instructions that a statement was obtained in writing from parents of the absentee that they would not embark on such child marriage adventures. However, they later appear to have repeated the venture. If that be so, it is open to the respondent police to proceed in accordance with law.
3. Be that as it may, as regards locating the minor, let the needful be done as expeditiously as possible.
4. List a fortnight hence. List on 10.03.2023.''
Proceedings dated 14.03.2023:
''Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 24.02.2023.
2. Today, Mr.T.Arockia Dass, learned counsel for M/s.Dass and Viswa Associates (Law Firm) for the petitioner submits that the date of birth of the absentee is 03.07.2005. This submission is recorded. This means that the absentee is still a minor.
3. Pursuant to earlier proceedings made in the previous listing on 24.02.2023, learned State Additional Public Prosecutor has filed a status report dated 15.03.2023 (status report from second respondent Inspector of Police). Adverting to status report, learned State Additional Public Prosecutor submits that they will be able to zero in and carry the matter to its logical end if two weeks time is given. Request acceded to.
4. List a fortnight hence. List on 28.03.2023.''
3. As the above proceedings has to be read as an integral part and parcel of this order, all short references/abbreviations and masked references used in the previous proceedings will continue to be used in this order also for the sake of convenience and clarity.
4. Today, Mr.I.Siddiq, learned counsel on record for petitioner [mother of absentee] and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, for respondents 1 and 2 [official respondents], are before us.
5. Pursuant to the aforementioned orders, learned Prosecutor submits that the absentee was since located and the absentee is before us. To be no
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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