N.Gnanasekaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR HCP.No.475 of 2019 N.Gnanasekaran ... Petitioner -vs1. The State Rep by The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Erode Taluk Police Station, Erode District.

3. Victor Paul Raj, Sav Restaurant Opp., Near Mayas Provisional Store, Cheran Nagar, Erode - 638 002.

... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondent 1 and 2 to produce the body of the detenue's /petitioner's wife (Viji) 40 years and minor daughter (sheebha Grace) 13 yrs who are illegaly detained by the 3rd respondent and produce the detenue before this Court and entrust them to petitioner custody.

For Petitioner :

Mr. A. Thiyagarajan For Respondent :

Mr.R. Prathapkumar, Additional Public Prosecutor

ORDER

(Order of the Court made by M.M.SUNDRESH, J.) Petitioner, who is the husband of the first detenue Viji, aged 40 years and father of the second detenue Sheebha Grace, aged 13 years has filed this petition seeking a direction to respondent to cause production of his wife and daughter before this Court.

https://hcservices.ecourts.gov.in/hcservices/

2. This is a matrimonial dispute between the husband and wife. Detenue is present before this Court. On enquiry by this Court, she has informed that due to difference of opinion with the petitioner she is living apart with her daughter and her son is with the petitioner. This, we do not find any illegal detention involved. However, we give liberty to the petitioner to give petition before the Mediation Centre, Erode. As and when such petition is given, we expect that notice to the respondent be issued, who is also stated to be living at Erode, so that the dispute would be resolved between the parties.

3. We also know that the children of the petitioner and the second detenue are studying in the same school and they have access to both the parents.

4. Accordingly, the petition is closed.

mp/kmk Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

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

2. The Inspector of Police, Erode Taluk Police Station, Erode District.

+1cc to Mr.A.Thiyagarajan, Advocate, SR.No.45282 HCP.No.475 of 2019 https://hcservices.ecourts.gov.in/hcservices/