Madras High Court Disposes Habeas Corpus Petition as Detenue Not Under Illegal Detention. Court finds detenue living voluntarily with parents and denies marriage claim.

High Court: Madras High Court
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Case Note & Summary

The petitioner, V.Vignesh, filed a habeas corpus petition under Article 226 of the Constitution of India before the Madras High Court, seeking a direction to the second respondent (Inspector of Police, Manali Police Station) to produce his alleged wife, Sivaranjani, from the custody of the third respondent (Mrs. Gunasundari) and set her at liberty. The petitioner claimed to be the husband of the detenue. The detenue appeared via video conferencing with the assistance of her lawyer. She stated that she had completed an M.Com degree and had not married the petitioner. She further stated that she was living with her parents voluntarily and expressed her willingness to continue living with them. The court examined the detenue and concluded that she was not under illegal detention. Consequently, the court disposed of the habeas corpus petition, directing the petitioner not to interfere with the life of the detenue. The court also noted that in the event of any interference, the detenue or her parents could approach the jurisdictional police for appropriate action.

Headnote

A) Habeas Corpus - Illegal Detention - Voluntarily Living with Parents - The detenue appeared via video conferencing and stated she had not married the petitioner and was living voluntarily with her parents. The court held that the detenue is not under illegal detention and disposed of the petition with a direction to the petitioner not to interfere with the detenue's life. (Paras 2)

B) Habeas Corpus - Marriage Claim - Denial by Detenue - The petitioner claimed to be the husband of the detenue, but the detenue denied the marriage. The court accepted the detenue's statement and directed the petitioner not to interfere. (Paras 2)

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Issue of Consideration

Whether the detenue Sivaranjani is under illegal detention and whether the writ of habeas corpus should be issued.

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Final Decision

The habeas corpus petition was disposed of as the detenue was not under illegal detention. The petitioner was directed not to interfere with the life of the detenue.

Law Points

  • Habeas Corpus
  • Illegal Detention
  • Voluntarily Living
  • No Marriage
  • Interference Prohibited
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Case Details

2025 LawText (MAD) (01) 219

H.C.P.No.59 of 2025

2025-01-21

S.M.SUBRAMANIAM, M.JOTHIRAMAN

Mr.S.Kingston Jerold for Petitioner, Mr.R.Muniyapparaj (Additional Public Prosecutor) for R1 & R2, Mr.S.M.A.Jinnah for R3

V.Vignesh

1. The Commissioner of Police, 2. The Inspector of Police, 3. Mrs.Gunasundari

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Nature of Litigation

Habeas Corpus petition alleging illegal detention of a woman by her parents.

Remedy Sought

Petitioner sought production of his alleged wife Sivaranjani from the custody of the third respondent and setting her at liberty.

Filing Reason

Petitioner claimed his wife was illegally detained by the third respondent (her mother).

Issues

Whether the detenue Sivaranjani is under illegal detention.

Submissions/Arguments

Petitioner claimed to be husband of detenue and alleged illegal detention. Detenue denied marriage and stated she was living voluntarily with parents.

Ratio Decidendi

A writ of habeas corpus is not maintainable when the detenue is not under illegal detention and is living voluntarily with her parents. The court must examine the detenue to ascertain voluntariness.

Judgment Excerpts

The detenue has appeared through video conferencing with the assistance of her lawyer. We have examined the detenue. The detenue has completed M.Com degree. She said that she has not married the petitioner. Presently she is living with her parents and she expressed her willingness to continue to live with her parents. Thus the detenue is not under illegal detention.

Procedural History

The petitioner filed H.C.P.No.59 of 2025 before the Madras High Court under Article 226 of the Constitution of India. The court examined the detenue via video conferencing and disposed of the petition on 21.01.2025.

Acts & Sections

  • Constitution of India: Article 226
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High Court Madras High Court Disposes Habeas Corpus Petition as Detenue Not Under Illegal Detention. Court finds detenue living voluntarily with parents and denies marriage claim.
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