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M. SUNDAR, M. NIRMAL KUMAR
Yuvaraj – Appellant
Versus
Superintendent of Police, Salem – Respondent
JUDGMENT
(Prayer:Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus to direct the respondents to produce the body of the petitioner''s wife xxxx aged about 22 years, before this Court and set at liberty.)
M. Sundar, J.,
1.The captioned ''Habeas Corpus Petition'' (''HCP'' for the sake of brevity) is predicated on a complaint that the petitioner got married to one xxxxx (we are masking the name) and this xxxxx shall hereinafter be referred to as ''absentee'' for the sake of convenience and clarity.
2. On 15.02.2023, third respondent (private respondent) who is the father of the absentee, had forcibly taken away the absentee, is the further complaint. The petitioner, third respondent and the absentee have been enquired by the second respondent-jurisdictional Police pursuant to complaint.
3. Today, during the course of hearing, the learned counsel for the petitioner, the petitioner and the third respondent are before us.
4. To be noted, the petitioner, absentee and third respondent along with his spouse (parents of the absentee) are also before us.
5. We had the benefit of interaction with the absentee. She says that sh
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 is that the absence of illegal detention or custody is crucial in determining the applicability of a Habeas Corpus Petition.
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 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 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.
The court's decision emphasized the importance of resolving the dispute over guardianship and visitation rights through the appropriate legal channels.
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 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.
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....
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