M. SUNDAR, R. SAKTHIVEL
Gengammal – Appellant
Versus
Superintendent of Police, Dharmapuri District, Dharmapuri – Respondent
JUDGMENT
(Prayer: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 petitioner''s daughter XXX, D/o.Selvam, aged about 17 years, before this Court from the illegal custody of the 3rd respondent and handover to the petitioner.)
M. SUNDAR, J
1. This order will now dispose of the captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of brevity, convenience and clarity].
2. The central theme of the captioned HCP is, petitioner''s daughter ''XXX'' [hereinafter ''absentee'' for the sake of convenience and clarity, to be noted, name is masked] is missing from 04.06.2023, a complaint in this regard has been lodged by the petitioner with jurisdictional police (second respondent), the same has been taken on record as Crime No.66 of 2023 on the file of second respondent and the absentee has not been located as yet but captioned HCP has been filed in this Court on 11.07.2023 on the apprehension that absentee may be in illegal custody of third respondent.
3. Issue notice to official respondents.
4. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for o
Preservation of rights of all concerned parties in a missing person case
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
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 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 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 central legal point established in the judgment is the court's authority to ensure the liberty of individuals through habeas corpus petitions and to determine the legality of detentions.
Custody of a minor child by relatives after a parent's death does not constitute illegal detention, and custody disputes should be addressed through appropriate legal proceedings.
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.
Adult daughter's autonomy in consensual relationship and independent living upheld in habeas corpus petition.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.