Case Note & Summary
The petitioner, mother of the detenue, filed a habeas corpus petition under Article 226 of the Constitution of India seeking production of her 19-year-old daughter, alleging illegal detention. The daughter had married a 50-year-old widower, which the mother opposed. However, the detenue herself approached the All Women Police Station, Thirupattur, and gave a complaint seeking protection from her mother and relatives. The police enquired and closed the complaint. The court noted that the detenue, being an adult, had left home voluntarily and married by her own choice. It held that such a personal decision cannot be challenged in a writ of habeas corpus, as the remedy is not meant to test the validity of a marriage or the detenue's volition. The petition was accordingly dismissed.
Headnote
A) Constitutional Law - Habeas Corpus - Volition of Detenue - Constitution of India, Article 226 - The mother filed a habeas corpus petition alleging illegal detention of her 19-year-old daughter who married a 50-year-old widower. The detenue herself had approached the police seeking protection from her mother and relatives. Held that when an adult daughter leaves home of her own volition and marries as per her wish, the matter cannot be judicially tested in a writ of habeas corpus; petition dismissed. (Paras 3-5)
Issue of Consideration
Whether a habeas corpus petition lies when the detenue is an adult who left home voluntarily and married of her own free will
Final Decision
The habeas corpus petition was dismissed as the detenue had left home voluntarily and married as per her wish, which cannot be tested in a writ of habeas corpus.
Law Points
- habeas corpus not maintainable when detenue acts voluntarily
- adult woman's choice of marriage beyond judicial review in writ proceedings
