A.Ganesh v. The Commissioner Of Polic,E

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29..07..2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR Habeas Corpus Petition No.753 of 2019 A.Ganesh ... Petitioner -Versus1.The Commissioner of Police, EVK Sampth Road, Vepery, Chennai.

2.The Inspector of Police, H-8, Thiruvottiyur Police Station, Chennai 600019.

3.The Inspector of Police, K-5, Pervallur Police Station, Chennai 600 082.

4.Karthikeyan ... Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of the petitioner's wife Kalaiarasi, aged 32 years, before this court and set her liberty.

For Petitioner : Mr.N.Valliamma For Respondent : Mr.C.Iyyappa Raj, APP for RR1 to 3

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the wife of the detenue - Kalaiarasi. He has come up with this petition seeking a direction to the respondents 1 to 3 for production of the detenue.

2. Today, the 4th respondent is present. He has informed us that the detenue is not willing to live with the petitioner. The detenue has already filed a petition for divorce.

3. The learned counsel for the petitioner submitted that the divorce petition filed by the detenue got returned for rectification of defects, but, the same has not been represented into the court till date.

4. When we raised a query, the learned counsel for the petitioner submitted that even the petitioner would like to go for divorce. Accordingly, we record the fact that both the detenue and petitioner are willing for divorce by mutual consent. At present the detenue is living in USA. The 4th respondent has informed us that this is the present address of the detenue ACCENTURE LLP C/o Jannette Sanchez, Fragomen Del Rey Bernsen & Loewy LLP, 333, W.Wacker Dr FLR 15, CHICAGO IL 60606 Thus, while recording the statement made on behalf of the petitioner and the detenue, we close this petition giving liberty to them to seek for consent decree for divorce.

5. In the result, this Habeas Corpus Petition is closed accordingly with the above observations.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar kmk To 1.The Commissioner of Police, EVK Sampth Road, Vepery, Chennai.

2.The Inspector of Police, H-8, Thiruvottiyur Police Station, Chennai 600019.

3.The Inspector of Police, K-5, Pervallur Police Station, Chennai 600 082.

+1cc to Mr.N.Valliamma Advocate, S.R.No.64525 RR(CO) CB(04/09/2019) H.C.P.No.753 of 2019