Back
ANITA SUMANTH, M. NIRMAL KUMAR
C. Sivasakthi – Appellant
Versus
Commissioner of Police, Avadi Commissionerate, Avadi, Chennai – Respondent
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-Ins
A Writ of Habeas Corpus is dismissed when an alleged detenue voluntarily provides a statement confirming their free will to reside with their parents, as there is no evidence of unlawful detention.
The court recognized the substantial will of the detenue and expressed hope for future arrangements concerning her marriage to the petitioner.
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 welfare of the minor must prevail over parental claims in cases involving allegations of sexual harassment and neglect.
Adult's voluntary marriage confirmed; no illegal detention in habeas corpus petition.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
