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2026 Supreme(Online)(Mad) 41732

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, R. Poornima, JJ
S. Palanivel – Appellant
Versus
Superintendent of Police – Respondent
H.C.P.(MD) No.650 of 2026



Advocates:
For the Appellants/Petitioners: C. Mayil Vahana Rajendran
For the Respondents: T. Senthil Kumar

A habeas corpus petition is not maintainable when a major individual has entered into a marriage voluntarily and is living with the person of their choice, as no illegal detention exists.

Headnote:The petitioner filed a petition under Article 226 of the Constitution of India seeking a writ of habeas corpus to produce his daughter, a major, claiming unlawful detention. The court examined the facts presented by the state. The core issue was whether the daughter was being held illegally. The court determined that as the individual is a major and has voluntarily married a person of her choice, there is no element of illegal detention. The petition is disposed of as no further relief is warranted.

Table of Content
1. maintainability of habeas corpus for a major who married voluntarily. (Para 1 , 2 , 3)

[Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]

The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his daughter, namely, Mahalakshmi, aged about 19 years, produce her before this Court and set her at liberty.

2. Today, when the matter is taken up for admission, Mr.T.Senthil Kumar, learned Additional Public Prosecutor, who takes notice for the respondents, on instructions, submitted that the petitioner's daughter being a major, on her own, got married with one Ayyappan on 07.05.2026 and they also appeared before the Inspector of Police, All Women Police Station, Palakkode, Dharmapuri District and an enquiry was also conducted in C.S.R.No.116 of 2026.

3. In view thereof, it cannot be said that the petitioner's daughter is detained illegally. Rather, she has voluntarily married a person of her choice and she is living with him. Hence, no further relief can be granted to the petitioner herein. Accordingly, this habeas corpus petition disposed of.

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