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2026 Supreme(Online)(Mad) 33224
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, SUNDER MOHAN, JJ
Subbramanian – Appellant
Versus
The Superintendent of Police (Crime), Orleanpet Police Station, Puducherry – Respondent
H.C.P.No.681 of 2026
For Petitioner: Mr.Kanimozhi Mathi
For Respondents: Mr.M.V.Ramachandra Murthy, Public Prosecutor Govt. of Puducherry
Adult's voluntary marriage and statement before court negates illegal detention in habeas corpus.
Headnote:Article 226 of the Constitution of India enables issuance of writ of habeas corpus to secure liberty from illegal detention. The petition was filed by the father alleging illegal detention of his adult daughter. The court found the detenue voluntarily married and not under illegal detention. The issue was whether the 23-year-old detenue was illegally detained. The court examined her statement confirming voluntary marriage and desire to reside with husband, in presence of police officer. Habeas corpus petition closed as no illegal detention established.
| Table of Content |
|---|
| 1. habeas corpus filed alleging illegal detention of adult daughter. (Para 1) |
| 2. prior order noting voluntary surrender and marriage. (Para 2) |
| 3. detenue confirms voluntary marriage; petition closed. (Para 3 , 4) |
This habeas corpus petition has been filed by father of one Yuvasri (detenue), on the ground that she has been illegal detained. We had on the last occasion recorded as follows:-
Mr.M.V.Ramachandra Murthy, learned Public Prosecutor, Govt. of Puducherry accepts notice for the respondents and states that the detenue Yuvasri, aged 23 years, daughter of the petitioner has surrendered before the Odisha Police authorities along with one Sanyasi Mohapatra, who she claims to have voluntarily married on 11.12.2025 in Chidambaram Natarajar Temple.
2. Their photograph, taken along with a police officer in Khunta Police Station, and her letter dated 19.12.2025 are furnished to us.
3. Let the detenue, said Sanyasi Mohaptra and the police officer in Khunta Police Station, appear online on 16.04.2026 at 12.00 noon. 4. List on 16.04.2026 at 12.00 noon.
2. Today, the detenue, Sanyasi Mohaptra, and one Mrs. Behra Lily, Sub Inspector, Khunta Police Station, Mayurbhanj, appear online and in the presence of the officer, the detenue (aged 23 years) confirms that she is married to said Sanyasi Mohaptra and wishes to reside with him.
3. The petitioner is also present in Court and has witnessed the exchange that the Court has had with the detenue and said Sanyasi Mohaptra.
4. Recording the aforesaid and it as it is now clear to us that the detenue is not in illegal detention, we close this habeas corpus petition. The contact details of the detenue, Sanyasi and the Sub Inspector have also been procured and handed over to the petitioner and to learned counsel for petitioner. No costs.
