T.Theeran Chinnamalai v. The State Rep. By

In the High Court of Judicature at Madras Dated: 08.12.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.2792 of 2015 T.Theeran Chinnamalai .... Petitioner Vs.

1. The State rep. by The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2. The State rep. by The Inspector of Police, Nukkambadi Police Station, Thiruvannamalai District.

3. Sangari .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondent herein to produce the body and person of the detenue by name Ranjeetha aged about 23 years before this Court and set her at liberty.

For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.V.M.R.Rajendran Addl. Public Prosecutor -R1 & R2 ----------

O R D E R

(Order of the Court was made by R.SUDHAKAR,J.) This Habeas Corpus Petition is filed by the husband of the detenue Ranjeetha, for a direction to the respondents to produce the detenue before this Court and set her at liberty.

2. The petitioner claims that he married the alleged detenue on 03.09.2014, in support of which marriage certificate

has been enclosed. The allegation of the petitioner is that she is being illegally detained by her mother - third respondent and in spite of several attempts, he is unable to contact the detenue.

3. On notice, the respondent - police have produced the detenue before this Court. Today, the detenue appeared before this Court along with her mother and father. On enquiry, she states that she is 23 years old and has completed Engineering Course in SKP Engineering College, Thiruvannamalai. She got married to the petitioner and was living with him for some time in his house. However, unable to bear the harassment, mental torture and cruelty and his habit of consuming liquor, she left the matrimonial home and has filed H.M.O.P No.155 of 2015 before the District Court, Thiruvannamalai seeking dissolution of the marriage on the ground of cruelty and other reasons stated therein.

4. In view of the above, we find that it is not a case of illegal detention by any person, much less the third respondent. However, the detenue is seeking refuge with her parents on account of the treatment meted out by the petitioner, for which the proceedings are pending before the Family Court.

5. In such view of the matter, this Habeas Corpus Petition stands dismissed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sl To

1. The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2. The Inspector of Police, Nukkambadi Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras. +1 cc to Mr.P.Tamilavel, Advocate sr.66371 H.C.P.No.2792 of 2015 aa28/12/2015