Madras High CourtHCP/2451/2017withdrawn dismissed

Perumayee @ Karthika v. The State Rep By Its,

2017-12-22Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.12.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2451 of 2017 Perumayee @ Karthika ... Petitioner Vs.

State rep by Inspector of Police Dharmapuri Police Station (L & O) Dharmapuri Town Dharmapuri District.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondent herein to produce the body of the detenu of the petitioner's husband by name Suresh aged about 45 years before this Court and set him at liberty.

For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.V.M.R.Rajentran, Addl. Public Prosecutor.

O R D E R

(Order of the Court was made by RAJIV SHAKDHER, J)

1. The material documents, with regard to the marriage of the petitioner, are not appended with the petition.

2. It is the claim of the petitioner that she had married one person with whom she lived till 2007 and thereafter, married another person, by the name, Mr.Suresh, on 26.01.2008. 2.1. The relief in this petition is sought vis-a-vis Mr.Suresh, i.e., the second husband.

3. We asked the learned counsel for the petitioner as to whether the petitioner had obtained a divorce from her first husband. Counsel for the petitioner was unable to inform us https://hcservices.ecourts.gov.in/hcservices/

with certainty, as to whether a divorce had been effected.

4. Furthermore, no documents even with regard to the second marriage have been put on record.

5. Given these circumstances, learned counsel for the petitioner seeks to withdraw the petition with liberty to approach this Court with all material documents and particulars.

6. The petition is, consequently, dismissed as withdrawn with liberty as prayed, albeit, in accordance with law. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vsm To 1.The Inspector of Police Dharmapuri Police Station (L & O) Dharmapuri Town Dharmapuri District.

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

H.C.P.No.2451 of 2017 cnr(co) aa19/01/2018 https://hcservices.ecourts.gov.in/hcservices/