The detenue's consent and free will are crucial in habeas corpus cases involving alleged unlawful detention.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents 1 to 4 to secure the detenu XXX, D/o.Krishnamurthy, aged 23 years, from the custody of the 5th respondent, produce her before this Court forthwith and to set her at liberty.)

Dr. Anita Sumanth, J.

1. It is the petitioner''s claim that himself and the detenue were employed in a private entity at Chennai, fell in love with each other and had decided to get married. There was, however, stiff opposition by her parents, mother and her father/R5, to the aforesaid proposal.

2. Thus, according to the petitioner, the detenue had been forcibly kept at home and had not been permitted to attend the office in order to frustrate their wedding plans. He states that he has received phone calls from a mobile number, which is stated to be the detenue''s mother''s, and the detenue had told the petitioner that she was being kept under lock and key and was being forced to marry a relative.

3. He also states that she had categorically asked him to obtain her freedom and marry her under threat of ending her life. He thus lodged a complaint with R4, the Sub-Inspector, T6 Police Station Campus, Avadi, who had not cooperated. The third respondent, the Assistant Commissioner of Police, T6 Police Station Campus had happened to come to the police station who then directed a woman police constable to verify the mobile number from which the detenue had called. After some attempts, the calls were answered by the detenue''s mother who was not cooperative.

4. The petitioner specifically objects to the attitude of the second respondent, the Deputy Commissioner of Police, Avadi, who is alleged to have told him that parents would be the guardian of a girl till such time she is given in marriage.

5. Fearing for the safety of the detenue, the petitioner is before this Court with this habeas corpus petition for a direction to official respondents/R1 to R4 to secure the detenue from her parents.

6. When the matter was called for hearing, the petitioner, detenue and her parents were present in Court.

7. The detenue is a major and a conversation with her reveals that while she was not disinclined to marry the petitioner, she would want to do so with the full consent of her parents. The matter was passed over to enable the parties to discuss the matter and arrive at an amicable solution.

8. When the matter was thereafter called, the detenue confirms the position that she has not been held under duress or coercion and is living on her own free will with her parents.

9. She confirms however that the desperate whatsapp messages at page 2 of the compilation filed in support of this petition, which confirms the statements recorded at paragraphs 2 and 3 above have, indeed, been sent by her. There is nothing further to be done in the matter.

10. In light of the aforesaid narration and recording the above, this Habeas Corpus Petition is closed.