The court in habeas corpus proceedings can rely on the wishes of the detainee to establish the legality of detention.

For Petitioner : Mr.S.R.Gulshan Kumar for Mr.M.Jeyachandran For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by M.Sylvester John ORDER (Made by Dr. ANITA SUMANTH, J.)

The petitioner has sought the production of Suganya @ Safiya Fathima (detenue) as it is his apprehension that she is being illegally detained by her parents against her wishes.

2. It is the petitioner’s case that he had married the detenue on

02.12.2025 at Malabar Muslim Jamad, Ukkadam, Coimbatore, in accordance with Islamic Customs and after her conversion to Islam. Though he is already married and has a child from the prior marriage, he is in the process of dissolving the earlier marriage. The detenue was taken away by her family and according to him, she is in their illegal custody.

3. When the matter had come up yesterday i.e., 16.03.2026, learned Additional Public Prosecutor had received instructions to the effect that the detenue had contacted the police herself. We had also conversed with her over video conferencing and had noted her inclination to continue her marriage with the petitioner. We had directed the appearance of the petitioner, detenue and her family and it is thus, that this matter is listed today.

4. Having conversed with the detenue and her parents, we find that there is no illegal detention that arises in this matter. The detenue is 25 years old, categoric that she has converted to Islam, and that she wishes to remain with the petitioner. Her parents have resigned to accept her decision. We record the above, and close this habeas corpus petition. No costs.