M. SUNDAR, M. NIRMAL KUMAR
K. Radhika – Appellant
Versus
State Rep. By The Superintendent of Police (SP), Cuddalore – 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 2nd respondent police to produce the petitioner''s elder daughter XXXX aged about 26 years before this Court from the custody of the 3rd respondent and set her at liberty.)
M. Sundar, J.,
1. Captioned ''Habeas Corpus Petition'' (''HCP'' for the sake of brevity) has been filed by the mother of XXX (we are masking the name of the daughter of the petitioner and shall be referring to her as ''absentee'') saying that the absentee is missing and the petitioner has lodged a complaint with the second respondent police in this regard on 25.02.2023.
2. S. Vinoth Kumar, learned counsel for petitioner who is before us submits that the complaint given to the second respondent police by the petitioner has been registered as Crime No.20 of 2023 for ''woman missing''. Learned counsel submits that it is the apprehension of the petitioner that the absentee is in the illegal custody of the third respondent. To be noted third respondent is a natural person and a private individual.
3. R. Muniyapparaj, learned State Additional Public Prosecutor who accepts notice on b
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 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.
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
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 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 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.
Adult daughter's autonomy in consensual relationship and independent living upheld in habeas corpus petition.
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