Gnanavel v. The State Rep By, The Superintendent Of Police,

2025:MHC:214

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Gnanavel ... Petitioner Vs.

1.The State represented by, The Superintendent of Police, Tiruvannamalai District, Thiruvannamalai.

2.The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

(Crime No.2/2025) 3.The Superintendent, Neo Education Social Awareness and Management SocietyFree Home for Women and Girls (NESAM Society), No.831/155-D/1, Thiruvalluvar Nagar, Vettavalam Road, Tiruvannamalai - 606 601.

4.Mr.Panneer Selvam ... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of the

Constitution of India for issuance of a Writ of Habeas Corpus, directing the 2nd and 3rd respondents to produce the detenue/petitioner's wife by name P.Sowndarya, W/o.Gnanavel detenue, aged about 24 years herein or her before this Court and set her at liberty.

For Petitioner : Ms.M.Kiruthika For R1 & R2 : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The Habeas Corpus Petition has been instituted to direct the respondents 2 and 3 to produce the detenue / petitioner's wife Ms.P.Sowndarya, aged 24 years.

2. The Inspector of Police, Chengam Police Station produced the detenue/Ms.P.Sowndarya through video conferencing from the 3rd respondent's place, i.e., Neo Education Social Awareness and Management Society - Free Home for Women and Girls (NESAM Society), Tiruvannamalai.

3. We have examined the detenue/girl, and she states that she is MBA graduate. She married the petitioner Mr.R.Gnanavel on 03.01.2025, with full knowledge that the petitioner had married another women as first wife and a petition for divorce was filed and pending before the Competent Court of Law. Despite being aware of the these fact, she married the petitioner and is now willing to join him in their matrimonial home.

4. Since the detenue is aged about 24 years, holds MBA degree and is capable of understanding what is good for her life, this Court is of the opinion that any disputes exist relating to the matrimonial affairs of the petitioner with his first wife, it is to be resolved in the manner known to law.

5. However, the detenue is not under illegal detention and had chosen to stay with the petitioner at her own volition. That being so, the detenue is set at liberty and she may be permitted to join the petitioner as per own decision.

6. With this liberty, the Habeas Corpus Petition stands disposed of. No costs.

[S.M.S., J.] [M.J.R., J.] 09.01.2025 Jeni Index : Yes Speaking order / Non-speaking order

To 1.The Superintendent of Police, The State, Tiruvannamalai District, Thiruvannamalai.

2.The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

3.The Superintendent, Neo Education Social Awareness and Management SocietyFree Home for Women and Girls (NESAM Society), No.831/155-D/1, Thiruvalluvar Nagar, Vettavalam Road, Tiruvannamalai - 606 601.

4.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

and M.JOTHIRAMAN, J.

Jeni 09.01.2025