M. SUNDAR, R. SAKTHIVEL
Kalil Raja – Appellant
Versus
Superintendent of Police O/o. The Superintendent of Police, Kanchipuram – 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 4th respondent to produce detenu K.Keerthana, W/o.Kalil, daughter of J.Karthikeyan, illegally detained by 5th and 6th respondents before this Honourable Court and set her at liberty.)
M. Sundar, J.
1. This order will now dispose of the captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of clarity, convenience and brevity].
2. Factual matrix in a nutshell is that one ''Ms.K.Keerthana, aged 22 years'' [hereinafter ''absentee'' for the sake of convenience and clarity] (to be noted, Date of Birth of absentee is 26.10.2001) is the nucleus of the captioned HCP; that according to HCP petitioner (to be noted, HCP petitioner is aged 21 years and his Date of Birth is 05.03.2002), he and absentee are very well acquainted with each other; that HCP petitioner and absentee by their own volition got married on 28.06.2023; that according to HCP petitioner, this marriage was in the presence of HCP petitioner''s mother, brother and his relatives and that he tied Thali; that HCP petitioner and absentee profess different religions; that a wedding Ring was al
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 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 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 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 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 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.
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 in the judgment is that the court will dismiss a petition for a writ of habeas corpus if it finds that the alleged detainee is not illegally held but has voluntarily ....
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