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2026 Supreme(Online)(Mad) 23614

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, P. DHANABAL, JJ
Pagavathi Rasudevar – Appellant
Versus
The Superintendent of Police, Madurai District at Madurai – Respondent
HCP(MD). No.304 of 2026



Advocates:
For the Appellants/Petitioners: Mr.Austin.V
For the Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

The court held that a married adult's decision to reside with her spouse does not constitute illegal detention.

Headnote:This case dealt with a Habeas Corpus petition filed under Article 226 of the Constitution of India for the production of a daughter. The daughter, P.Jayasudha, was found to be living with her husband, P.Subin Kumar, and the court found no illegal detention as she was a major and married. The court dismissed the petition based on the circumstances surrounding the case, particularly the daughter's decision to live with her husband and seek police protection. The final ruling was that the relief sought by the petitioner could not be granted.

Table of Content
1. habeas corpus petition regarding daughter's whereabouts. (Para 1 , 3)
2. arguments regarding the legality of daughter's situation. (Para 2 , 4)

ORDER

(Order of the Court was made by N. ANAND VENKATESH,J.) This Habeas Corpus petition has been filed by the father to produce his daughter, namely, P.Jayasudha and to set her at liberty. 2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. The case of the petitioner is on 03.03.2026, his daughter left the house and did not return back and her whereabouts were not known. On enquiry, it came to be light that she has married one Subin Kumar. Under such circumstances, a complaint was given before the second respondent. Since no action was taken by the second respondent, the present petition has been filed before this Court.

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that the petitioner's daughter is already married and she is living in the matrimonial home. He further submitted that the petitioner's daughter and her husband gave a complaint before All Women Police Station, Thirumangalam, seeking for police protection from the petitioner. The same was enquired and it has been closed. 5. Taking into consideration the facts and circumstances and considering the fact that the detenue is a major and she has already married a person and she is living in the matrimonial home and she along with her husband sought for police protection, certainly, the petitioner's daughter living with the third respondent cannot be considered to be illegal or result in illegal detention. Therefore, the relief sought for by the petitioner cannot be granted by this Court. Accordingly, this Habeas Corpus Petition is dismissed.

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