High CourtsDivision Bench(2006) 02 MAD CK 0054

N. Jayakumar vs The Inspector of Police and Bijender Singh

Madras High Court · Decided on 24 February 2006

HON’BLE JUDGES
P. Sathasivam, J · J.A.K. Sampathkumar, J
CASE NUMBER
Habeas Corpus Petition No. 150 of 2006

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Judgment

10 paragraphs · 229 words

P. Sathasivam, J.—The petitioner by name N. Jayakumar has filed this petition for production of his wife B. Neetukumari, aged about 21

years, said to be under the illegal custody of the second respondent, before this Court and to set her at liberty.

2.

Pursuant to the direction of this Court, the detenue, viz., B. Neetukumari, appeared before us. On enquiry, she has stated that she is aged about

20 years. She also asserted that she has no connection with the petitioner and denied the allegation including the marriage with him. The second

respondent/father of the detenue has also filed a counter affidavit disputing the claim made by the petitioner including the marriage said to have

taken place between his daughter and the petitioner.

3.

In the light of the same and in view of the assertion made by Her date of birth, as per the Transfer Certificate, which is available at page No. 3

of the typed set of papers, is 06.12.1989. Hence, she is a minor as on date. After enquiry, she i med this Court that she is willing to go along with

her mother, viz., the petitioner, who is also present before us. In the light of the statement of the detenue and she being a minor girl, the petitioner is

permitted to take the detenue along with her . Petition is disposed of accordingly.