Case Note & Summary
The Habeas Corpus Petition was filed before the Madurai Bench of the Madras High Court by Chelladurai, claiming to be the husband of Shobana, seeking a direction to the State authorities to produce her body and set her at liberty. The petitioner alleged that he married Shobana in a temple on 09.03.2025, but her parents forcibly took her and kept her in illegal custody. He relied on a complaint given to the All Women Police Station, Virudhunagar, and photographs showing exchange of garlands in front of a Hindu deity. The State, represented by the Additional Public Prosecutor, submitted that upon enquiry, Shobana expressed her wish to go with her parents on 09.03.2025. On the date of hearing, Shobana was produced before the Court. On enquiry, she stated that the petitioner was known to her family but had some dispute with them. She alleged that the petitioner forcibly took her from her home under threat and that the photographs were morphed and taken under threat. She emphatically denied the claim of marriage and confirmed she was presently with her parents voluntarily. The Court, after hearing both sides and examining the materials, held that the person whom the petitioner claimed to be his wife was not his wife and was not under illegal custody of any person. The detenue was safe with her parents, who were also present in Court. Consequently, the Habeas Corpus Petition was dismissed.
Headnote
A) Constitutional Law - Habeas Corpus - Illegal Custody - Article 226, Constitution of India - The petitioner alleged that his wife was illegally detained by her parents, but the alleged wife denied the marriage and stated she was voluntarily with her parents. The Court held that since the detenue was not in illegal custody and was safe with her parents, the habeas corpus petition was liable to be dismissed. (Paras 6-7)
Issue of Consideration
Whether the habeas corpus petition should be allowed when the detenue is voluntarily staying with her parents and denies the marriage claim of the petitioner
Final Decision
Habeas Corpus Petition dismissed as the detenue is not under illegal custody and is safe with her parents.
Law Points
- Habeas corpus petition under Article 226 is liable to be dismissed when the detenue is not in illegal custody and the claim of marriage is denied by the alleged wife
Case Details
2025 LawText (MAD) (03) 22
Dr. Justice G. Jayachandran, Justice R. Poornima
Mrs. S. Ragaventhre (for M/s. V. Kathirvelu, Petitioner); Mr. S. Ravi, Additional Public Prosecutor (Respondents 1 and 2); Mr. V. Neelakandan (Respondents 3, 4 and 5)
State of Tamil Nadu, represented by its Superintendent of Police, Virudhunagar District; Inspector of Police, Virudhunagar All Women Police Station; Veilatchi; Maruthu; Kavitha
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Nature of Litigation
Habeas Corpus petition under Article 226 of the Constitution seeking production and liberty of detenue
Remedy Sought
Petitioner (husband of detenue) seeking direction to respondents 1 and 2 to produce the body of detenue and set her at liberty
Filing Reason
Petitioner alleges he married the detenue on 09.03.2025, but her parents forcibly took her and she is under illegal custody
Issues
Whether the habeas corpus petition should be allowed when the detenue is voluntarily staying with her parents and denies the marriage claim of the petitioner
Submissions/Arguments
Petitioner contended that he married the detenue and her parents illegally detained her, relying on complaint and photographs.
State and detenue contended that the detenue voluntarily chose to stay with her parents and denied the marriage, alleging forcible abduction by the petitioner and morphed photographs.
Ratio Decidendi
In a habeas corpus petition under Article 226, the court must determine whether the detenue is under illegal custody. If the detenue voluntarily stays with her parents and denies the alleged marriage, no case for illegal detention is made out, and the petition is liable to be dismissed.
Judgment Excerpts
This Habeas Corpus Petition filed by the Petitioner stating that he married X and her parents kept in their custody.
She emphatically denies the claim of the petitioner about the marriage alleged in this Petition.
As far as the Habeas Corpus Petition is concerned, it is liable to be dismissed, since the person whom the Petitioner claims to be her wife is not his wife and she is not under illegal custody of any person.
Procedural History
Petition filed under Article 226; detenue produced before court on 27.03.2025; after hearing parties and recording detenue's statement, the court dismissed the petition.
Acts & Sections
- Constitution of India: Article 226
