Madras High Court
P.Rajesh vs The Superintendent Of Police on 16 February, 2009
Author: F.M.Ibrahim Kalifulla
Bench: F.M.Ibrahim Kalifulla, P.Murgesen
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 16/02/2009 CORAM THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA and THE HONOURABLE MR.JUSTICE P.MURGESEN H.C.P.(MD).No.90 of 2009 P.Rajesh ... Petitioner Vs. 1.The Superintendent of Police, Kanyakumari District. 2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District. 3.Christhurajan 4.Jemila ... Respondents This Habeas Corpus Petition is filed to direct the respondents 1 and 2 herein to produce the body and person of Shobika Santhini, w/o.P.Ragesh aged 19 years, from the illegal custody of the respondents 3 and 4 herein before this Court and set her at liberty. !For petitioner ...P.Rajesh Party-in-person ^For respondents...Mr.Issaq Manuel for R1 & R2 Additional Public Prosecutor :ORDER
(Order of the Court was made by F.M.IBRAHIM KALIFULLA,J.) This Habeas Corpus Petition has been filed by the petitioner for production of the body of Smt.Shobika Santhini wife of the petitioner, aged about 19 years from the alleged illegal custody of the respondents 3 and 4.
2. According to the petitioner, the detenue is his ladylove and they decided to get married and that their marriage was registered on 18.11.2008 before the Sub Registrar, Parasalai vide document No.1074 of 2008 and that his wife, the detenue, Smt.Shobika Santhini was abducted by her parents namely the respondents 3 and 4.
3. When this Habeas Corpus Petition was taken up today for hearing, the learned Additional Public Prosecutor produced the detenue before this Court.
4. We enquired the detenue who confirmed that she is Smt.Shobika Santhini; that she knows the petitioner and that she is 19 years old. She also confirmed that she is doing her B.Sc., degree course and that she is staying with her parents. She further stated that the so called marriage claimed by the petitioner was not true and that under coercion and undue influence such an incident of marriage had taken place. She also placed before us a document, under the caption "jpUkz uj;J gj;jpuk;"" with her photograph affixed on the first page, dated 31.12.2008. The said document reads that the alleged registration of marriage dated 18.11.2008 in the office of the Sub Registrar, Parasalai under document No.1074 of 2008 was not out of her free will and pleasure, but she was lured for execution of the said document. It further reads that she never agreed for registration of the said document or marriage, that till date they have been living with their respective parents and therefore, the so called registration of marriage document should stand cancelled whatever be the acceptability of the said document. In order to ensure that the signature found in the original as well as in the copy filed before this Court is that of the detenue, we directed the detenue to affix her signature in the second page of xerox copy of the document dated 31.12.2008 in our presence and we find that the signature found in the document as well as the signature signed before us fully tally in all respects. The said xerox copy of the document shall form part and parcel of this order. She also stated that she wants to live under the care and custody of her parents namely the respondents 3 and 4 and she has no inclination or liking for the petitioner.
5. Having regard to the categoric statement made by the detenue, there is no scope for this Court to grant any relief in this Habeas Corpus Petition. This Habeas Corpus Petition stands dismissed.
jikr To
1.The Superintendent of Police, Kanyakumari District.
2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.