HCP (MD)No.904 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 24.07.2023

CORAM

THE HONOURABLE MR.JUSTICE

M.S. RAMESH

AND

THE HONOURABLE MR.JUSTICE

M.NIRMAL KUMAR

HCP(MD).No.904 of 2023

Regin Sahaya Antony Rose

: Petitioner

Vs

1.The Superintendent of Police,

Kanyakumari District, Kanyakumari District.

2.The Inspector of Police,

All Women Police Station,

Nagercoil, Kanyakumari District

3.Antony Dhas

4.Randi Booster Diana

: Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of

India, praying this Court to issue a Writ of Habeas Corpus to direct the

respondents to produce the body or person of the petitioner's wife namely

Dorothy Sabteca, W/o.Regin Sahaya Antony Bose, aged about 19 years,

before this Court and set her at liberty.

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HCP (MD)No.904 of 2023

For Petitioner : Mr.K.A.S.Prabhu

For Respondents : Mr.RMS.Sethuraman for R1 and R2

Additional Public Prosecutor

Mr.S.Sivakumar for R4

ORDER

(Order of the Court was made by M.S.RAMESH,J.)

The petitioner had married one Dorothy Sabteca, the daughter of the 4^th

respondent on 15.05.2023 at Uttar Pradesh. He has filed the present petition

to direct the respondents to produce his wife namely Dorothy Sabteca,

W/o.Regin Sahaya Antony Bose, aged about 19 years.

2. The fourth respondent, who is the mother of the detenue Dorothy

Sabteca had given a complaint to the second respondent stating that the

petitioner had kidnapped her daughter and the same has been registered in

Crime No.9/2023 for offence under Section 366 IPC. In the meantime, the

petitioner also gave a complaint on 24.05.2023 before the 2^nd respondent

stating that his wife Dorothy Sabteca is in the illegal custody of the third and

fourth respondents herein. It is in this background, the present Habeas Corpus

Petition has been filed.

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HCP (MD)No.904 of 2023

3. Pending the Habeas Corpus Petition, the second respondent herein

had secured the petitioner's wife/detenue Dorothy Sabteca and produced her

before this Court. The petitioner also was present before us. We had

interacted with both the petitioner as well as his wife Dorothy Sabteca

individually.

4. Both of them informed us that they had married each other on their

own will and accord. The detenue/Dorothy Sabteca had also made a clear

statement before us that she was not kidnapped by the petitioner and that she

had on her own free will and consent married him. The detenue has clearly

stated to us that she intends to live only with her husband/petitioner herein.

While the petitioner, who was born on 12.01.1989, is aged about 34 years, his

wife Dorothy Sabteca was born on 01.05.2005 and had married him on

15.05.2023 after she had completed the age of 18 years. Both of them are

majors and the marriage is deemed to be a valid marriage, unless declared

otherwise.

5. When the complaint of the third and fourth respondents has been

registered in Crime No.9/2023 and the same is pending enquiry, more so,

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HCP (MD)No.904 of 2023

when the detenue Dorothy Sabteca has expressed her views to live only with

her husband/petitioner and not with the parents, the petitioner would be

entitled for the prayer to secure and restore her custody to him. In this

background, we are of the view that the custody of Dorothy Sabteca could be

restored to the petitioner herein. Accordingly, the present Habeas Corpus

Petition stands allowed and Dorothy Sabteca, W/o.Regin Sahaya Antony

Rose, is at liberty to join and live with the petitioner herein as husband and

wife.

[M.S.R.,J]

[M.N.K.,J]

24.07.2023

Index : Yes / No

Internet : Yes

RR

To

1.The Superintendent of Police,

Kanyakumari District, Kanyakumari District.

2.The Inspector of Police,

All