A Habeas Corpus petition is not maintainable when the detenu is a major who has married of her own free will and is not in illegal custody.

PRAYER:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of the petitioner's elder daughter Janani, D/o.V.Jeevendran, aged about 18 years, before this Court and set her at liberty.

For Petitioner : Mr.N.Balasubramanian

For Respondents : Mr.R.M.Anbunithi – for R1 to R3

Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.)

This Habeas Corpus Petition is filed to direct the respondents 1 to 3 to produce the body or person of the detenu, namely, Janani, D/o.V.Jeevendran, aged about 18 years before this Court and set her at liberty.

The petitioner is the mother of the detenu by name, Janani, who is aged about 18 years. She left the house on 09.09.2025 and did not return to house and therefore, the petitioner lodged a complaint on 10.09.2025 before the 2nd respondent. On receipt of the said complaint, the 2nd respondent conducted an enquiry. During enquiry found that the daughter of the petitioner attained majority and aged about 18 years. In fact she had joined her first year of B.Sc., at Dhanalakshmi Srinivasan College at Perambalur. She fell in love with one Venkatkumar and got married on 10.12.2025. It was duly registered before the Sub Registrar Office, Madukkur, vide Marriage Sl.No.TMR/Madukkur/10 2026 dated 27.01.2026. Thereafter, when the daughter of the petitioner and her husband went to the house of the petitioner. However, the petitioner and her husband did not accept their marriage and there was an agreement that the detenu should not enter into their house and she is not entitled for anything from her parents. However, the petitioner and her husband refused to return back her educational certificates. While being so, suppressing the above facts, the petitioner approached this Court by way of this Habeas Corpus Petition, as if the daughter was missing from 09.09.2025.

The detenu and her husband appeared before this Court and deposed that she fell in love with one Venkatkumar and their marriage was solemnized on 10.12.2025. It was also registered before the Sub Registrar Office, Madhukkur on 27.01.2026. She further deposed that her parents refused to return back her original educational certificates.

The detenu by name Janani, is aged about 18 years and fell in love with one Venkatkumar and got married. This Court also found that the detenu is not in any illegal custody of anyone.

In view of the above, the Habeas Corpus Petition is not maintainable and dismissed.

The petitioner and her husband are directed to return all original educational certificates of their daughter forthwith, failing which the second respondent is directed to take appropriate action as against the petitioner and her husband in accordance with law. If any complaint lodged by the detenu alleging that any threat at the hands of her parents, the second respondent is directed to provide adequate police protection to the detenu.