K.Mangaiyarkarasi, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.03.2018 Coram THE HON'BLE MR.JUSTICE C.T.SELVAM and THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.402 of 2018 K.Mangaiyarkarasi ... Petitioner Vs.

1. The Commissioner of Police, Salem District, Salem.

2. The Inspector of Police, Hasthampatty Police Station, Salem District

3. V.Malathi ... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the first respondent to produce the body or person of petitioner's husband Balraj, aged about 42 years, who is under the illegal custody of the third respondent before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.SP.Yuvaraj For Respondent : Mr.R.Prathap Kumar, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by C.T.SELVAM, J.) This petition has been filed to direct the first respondent to produce the body or person of petitioner's husband Balraj, aged about 42 years, who is under the illegal custody of the third respondent before this Court and hand over the custody to the petitioner.

2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. Learned Additional Public Prosecutor submits that earlier, pursuant to the complaint of petitioner that her husband has gone away with another lady, a compromise was effected and petitioner's husband took up residence with petitioner.

4. Presently, petitioner informs that her husband had gone missing again. Learned Additional Public Prosecutor further informs that husband of petitioner has taken up residence with another woman. He also informs a case in D.V.No.8 of 2017 is pending before the Additional Mahila Court, Salem and petitioner has moved application for maintenance.

5. In view of such position, this petition stands closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vrc To

1. The Commissioner of Police, Salem District, Salem.

2. The Inspector of Police, Hasthampatty Police Station, Salem District

3. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.SP.Yuvaraj, Advocate, S.R.No.20375 H.C.P.No.402 of 2018 PA(CO) CS/06/04/18 https://hcservices.ecourts.gov.in/hcservices/