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M. SUNDAR, R. SAKTHIVEL
B. Neelavathi – Appellant
Versus
State Rep. By Deputy Commissioner of Police, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the second respondent to produce petitioner''s brother Dr.K.Asohan, aged 64 years, before this Court from the illegal custody of the third respondent and set him at liberty.)
M. Sundar, J.,
1. This order will now dispose of captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of brevity, convenience and clarity).
2. Short facts (shorn of elaboration) are that according to the petitioner, her brother Dr.K.Asohan,M.B.B.S., who has been a Medical Practitioner for about 36 years was married to one Dr.E.Sasikala but there are no children from this wedlock and the marriage ended in a divorce; that thereafter Dr.K.Asohan (from hereon, petitioner''s brother Dr.K.Asohan shall be referred to as ''absentee'' for the sake of convenience and clarity) was living with his mother; that fourth respondent was appointed to take care of absentee''s mother who passed away in 2012; that thereafter the fourth respondent continued to have interaction with the absentee; that there was a quarrel between the absentee and fourth respondent on 14.08.2023; that
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.
Preservation of rights of all concerned parties in a missing person case
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.
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
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.
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 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 ....
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 central legal point established in the judgment is that the habeas corpus petition is not maintainable when the individual is not in illegal custody or detention.
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