Habeas corpus is not maintainable where the alleged detenue voluntarily travels abroad and confirms her position to the Court.

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]

The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his daughter, namely, Madhu Balaa, aged about 32 years, produce her before this Court and set her at liberty.

2. The petitioner got married and blessed with two daughters, of whom, the elder daughter (detenue) got married with one Balakrishnan and thereafter, she went abroad. She also blessed with two children. Thereafter, she is found missing from her house from 30.04.2026 onwards. Hence, her father / petitioner herein lodged a complaint before the respondent – Police. However, her husband did not lodge any complaint. Based on the complaint lodged by the petitioner herein, the respondent – Police registered a case in Crime No.166 of 2026, under Woman Missing and it is pending for investigation. While pending investigation, the petitioner has filed this habeas corpus petition.

3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the detenue went abroad without informing her father. However, after a period of sometimes, she informed to her father. Even then, the petitioner has filed this habeas corpus petition suppressing the above facts.

4. The detenue appeared before this Court through Video Conferencing. This Court interacted with the detenue. The interaction with the detenue reveals that the detenue went abroad without informing her father. However, subsequently, she informed the same with her father. In such circumstances, this Court is of the considered view that the detenue is not in illegal detention of anybody. Hence, this habeas corpus petition is not maintainable.

5. Accordingly, this habeas corpus petition is dismissed.