The court found the alleged detenue to be a major based on school records, empowering her right to decide her residence, despite conflicting claims by her father.

1. This petition has been filed by the petitioner under Art.226 of the Constitution of India , seeking an order in the nature of Habeas Corpus directing the respondents to cause production of the body or person of the alleged detenue Madhubala / wife of the petitioner herein, aged about 18 years, before this Court and to set her at liberty.

2. The case of the petitioner is that the alleged detenue Madhubala is the wife of the petitioner herein and she is illegally detained by the 2nd respondent herein, who is non other than her own father, as he has not recognised the marriage of the petitioner herein with his daughter / the detenue herein, that was solemnised on 09.09.2014. It is averred in the petition that on 10.09.2014, the 2nd respondent herein and his relatives came to the residence of the petitioner herein and forcibly took away his wife / the detenue herein, against her will. Hence, the petitioner lodged a complaint to the 1st respondent police on 13.09.2014. Further, the petitioner filed HCP No. 2538/2014 before this Court earlier and the same was dismissed as withdrawn since he could not produce any satisfactory and valid proof for the alleged marriage between him and the detenue.

3. It is further averred by the petitioner in the affidavit filed in support of this petition that based on a false complaint given by the 2nd respondent herein before the All Women Police Station on the allegation that the petitioner herein had forcibly kidnapped and married the detenue / his daughter, a minor girl, a case was registered in Cr. No. 586/2014 for an offence under S. 366[A] IPC as against the petitioner herein and two others. The petitioner states that the alleged detenue Madhubala is a major and she married him in a temple on her own volition. The 2nd respondent had disputed the age of the alleged detenue, hence, she was produced before the learned Magistrate concerned and the detenue had refused to go with her parents, she was sent to the Government Home. However, according to the petitioner, the whereabouts of the detenue was known and she was not available in the said Home, hence, a complaint was preferred by the petitioner herein, however, she could not be secured, hence, having no other alternative remedy, the petitioner filed the present Habeas Corpus Petition before this Court against the respondents, seeking an order in the nature of Habeas Corpus.

4. Learned counsel for the petitioner would submit that the detenue Madhubala is a major and her Date of Birth is only 31.05.1996 and is doing her Diploma in Nursing [II Year]. In order to substantiate his claim, the learned counsel produced the Secondary School Leaving Certificate dated 27.05.2011 and the Higher Secondary Course Certificate dated 09.05.2013 of the detenue Madhubala, issued by the Secretary, State Board of School Examinations [Sec], Tamil Nadu. He also produced the Transfer Certificate dated 27.05.2013 issued by the Headmaster, Government Girls Higher Secondary School, Chinna Salem, Villupuram District.

5. Per contra, Mr. R. Selvakumar, learned counsel appearing for the 2nd respondent herein / the father of the alleged detenue, would submit that as per the revenue records, the detenue Madhubala is only a minor and according to him, as her Date of Birth is 30.05.1997 and therefore, she is not eligible to decide whether she could go along with the petitioner herein