Duraisingam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R. SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH HCP.No.2730/2015 Duraisingam .. Petitioner

Versus

1.The Inspector of Police Velachery Police Station Velachery, Chennai.

2.Mrs.Chandra 3.Mr.Ramakrishnan .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus pertaining to the illegal custody or illegal detention of the detenus Mrs.Rajalakshmi, W/o.Duraisingam, aged about 33 years and Minor Jaganath, S/o.Duraisingam, aged about 9 months and consequently direct the respondents to produce the detenues before this Court and set her at liberty.

For Petitioner :

Mr.Durai Gunasekaran For R1 :

Mr.A.N.Thambidurai Addl. Public Prosecutor For RR 2 & 3 :

Mr.R.Sankarasubbu

ORDER

[Order of the Court was made by P.N.PRAKASH, J.,] The above petition has been filed by the petitioner to cause production of his wife Rajalakshmi, aged 33 years and minor son Jaganath, aged about 9 months, who are said to be in the illegal custody of the respondents 2 and 3, before this Court and set them at liberty.

It is the case of the petitioner that he got married to the detenue Rajalakshmi on 25.05.2008 and through the wedlock, they have got one male child Jaganath and that the said Rajalakshmi and Jaganath are kept under the illegal custody of the respondents 2 and 3, who are none other than the mother and brother of the said detenue Rajalakshmi/mother-in-law and brother-in-law of the petitioner herein.

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Learned counsel for the respondents 2 and 3 would submit that the detenue is in her parental home along with her child on her own volition and that she is not in the illegal detention of the respondents 2 and 3.

Under such circumstances, this Court is of the view that there is no illegal detention of the detenues Rajalakshmi and Jaganath by the respondents 2 and 3 as they happen to be her mother and brother and that this is a case of matrimonial discord.

Accordingly, the Habeas Corpus Petition is closed. It is open to the petitioner to work out his remedy before the appropriate Forum in accordance with law.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police Velachery Police Station Velachery, Chennai.

2.The Public Prosecutor High Court, Madras.

+1cc to Mr.A.T.Anbukumar, Advocate, S.R.No.1581 HCP.No.2730/2015 sld(CO) srg(21/01/2016) https://hcservices.ecourts.gov.in/hcservices/