Court dismissed Habeas Corpus Petition filed by Divya's mother

July 27, 2013 01:45 am | Updated November 16, 2021 08:48 pm IST - CHENNAI

N. Divya. File photo

N. Divya. File photo

The Madras High Court on Friday dismissed as withdrawn a Habeas Corpus Petition (HCP) filed by the mother of N.Divya of Dharmapuri seeking a direction to the police to produce her daughter before the court and set her at liberty.

In the order, a Division Bench comprising Justices M.Jaichandren and M.M.Sundresh said the court had only a limited jurisdiction, while dealing with the HCP, especially, in view of the fact that the petitioner, Thenmozhi, was inclined to withdraw the petition.

The court said considering the submissions made by the counsel for the petitioner and E.Ilavarasan, who married Divya in October last year, it was of the considered view that Mrs.Thenmozhi could not be denied permission to withdraw her petition, especially in view of the fact that Divya had made certain categorical statements clearly indicating that she would like to be with her mother. She had stated that she went to see her mother voluntarily and that she was going with her mother willingly. It was also not in dispute that she was a major.

The Bench said Ilavarasan died during pendency of the HCP. (His body was found near a railway track in Dharmapuri on July 4.) Further, it was not for the court to conduct an elaborate and detailed enquiry into the various circumstances that had culminated in the death of Nagaraj, Divya’s father, and in respect of the unfortunate demise of Ilavarasan in the present proceedings.

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