M. SUNDAR, R. SAKTHIVEL
D. Bakkiyaraj – Appellant
Versus
District Superintendent of Police Ranipet – 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 1st and 2nd respondents to produce the petitioner''s minor daughter viz., xxxxx D/o.Bakkiyaraj, aged about 17 years, from the illegal custody of 3rd respondent before this Hon''ble Court and hand over her custody 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. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 17.04.2023 which reads as follows:
''Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and clarity] has been filed saying that the petitioner''s daughter ''xxxxx'' [we are masking the name of the petitioner''s daughter and she shall hereinafter be referred to as ''absentee'' for the sake of convenience and clarity] is missing from 18.03.2023.
2. Mr.T.Vijayan, learned counsel on record for petitioner who is before us submits that the absentee went to school at around 9.30 a
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.
Preservation of rights of all concerned parties in a missing person case
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 legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
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 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....
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 absence of illegal detention is crucial in determining the necessity of a Habeas Corpus legal drill under Article 226 of the Constitution of India.
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 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.
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