Case Note & Summary
The Madras High Court, Madurai Bench, dismissed a habeas corpus petition filed by K. Satheeswaran, who claimed to be the husband of Keerthana, the detenue. The petition was brought under Article 226 of the Constitution, alleging that Keerthana had been forcibly taken away by her father (third respondent) and a relative (fourth respondent) after their marriage on 10.02.2025. The petitioner stated that a complaint had been lodged with the second respondent police, resulting in the registration of Crime No. 75 of 2025 for offences under Sections 296(b) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, but the whereabouts of the girl remained unknown. The police investigation, however, revealed that Keerthana was with her parents and was pursuing a nursing course. It was further found that she had been friendly with the petitioner, who had deceitfully taken her to a temple, forcibly tied a thali, and intimidated her, leading her to immediately call her parents for rescue. On the date of hearing, the detenue was produced before the Court. Upon interaction, the Court determined that the petitioner had tied the thali without her consent and had been threatening her. The girl expressed her disinterest in the petitioner and demanded the return of her photograph. The Court concluded that the claim of marriage was false and that the detenue was not in illegal detention, as she was living with her parents of her own free will. Accordingly, the habeas corpus petition was dismissed. The Court also granted liberty to the police to register a case against the petitioner under appropriate legal provisions based on the statement of the detenue and to proceed in accordance with law. The decision rested on the principle that a writ of habeas corpus cannot be issued when the person is not under unlawful custody and that a marriage obtained by deceit does not confer any right to custody.
Headnote
A) Habeas Corpus – Illegal Detention – Forced Marriage – Constitution of India, Article 226 – The petitioner claimed to be the husband of the detenue and sought a writ of habeas corpus alleging that the detenue was forcibly taken away by her father and a relative. On production, the court found that the detenue was residing with her parents, pursuing her nursing course, and had been deceived into a marriage by thali-tying without her consent. The detenue expressed no interest in the petitioner. Held that the detenue was not in illegal custody and the petition was dismissed. (Paras 3-5) B) Criminal Law – Investigation – Liberty to Register Case – Bharatiya Nyaya Sanhita, 2023, Sections 296(b), 115(2); SC/ST (Prevention of Atrocities) Act, 1989, Sections 3(1)(r), 3(1)(s), 3(2)(va) – The court directed that the police were at liberty to register a case against the petitioner under appropriate provisions of law based on the detenue’s statement, given the deceit and intimidation involved. (Para 5)
Issue of Consideration
Whether the habeas corpus petition for production of the detenue Keerthana should be allowed, given the allegations of forcible removal by her father and relative after a claimed marriage to the petitioner
Final Decision
The Habeas Corpus Petition was dismissed. The Court held that the detenue was not in illegal detention and the claim of marriage was false. The police were granted liberty to register a case against the petitioner under appropriate provisions of law based on the detenue’s statement and to proceed in accordance with law.
Law Points
- Legal points not extracted
- Habeas corpus is not maintainable when the detenue is not under illegal detention and does not desire to go with the petitioner
- marriage performed by deceit without free consent cannot be the basis for claiming custody under Article 226 of the Constitution
