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Madras High CourtHCP/911/2019dismissed

S.Saradha v. The Deputy Superintendent Of Police

2019-09-13Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN H.C.P. No. 911 of 2019 S.Saradha ... Petitioner -vs1.The Deputy Superintendent of Police, Mangalmedu Sub-Division, Perambalur District.

2.The Sub-Inspector of Police, Kunnam Police Station, Perambalur District.

3.Ravichandran ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's husband Sakthivel, S/o. Ravichandran, aged about 24 years, before this Court from the illegal custody of the third respondent and set him at liberty. For Petitioner : Mr.R.Ganesh Kumar For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1,R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner claiming to be the wife of the detenu has come forward to file this habeas corpus petition.

2. The detenu has informed us that he is not in the illegal custody. We also do not want to go into the factum of the marriage between the petitioner and the detenu. In view of the specific claim made by the petitioner that the child was born https://hcservices.ecourts.gov.in/hcservices/

out of the relationship as against the denial on the part of the detenu, DNA test was ordered to be conducted. 3.The DNA test proved that the detenu is the father of the child. However, we are on the illegal custody of the detenu. Inasmuch as the detenu is not in the illegal custody, we are not inclined to pass any further orders in this regard particularly when the petitioner is not inclined to receive any money for the upkeep of the child.

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

mmi/ssm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Mangalmedu Sub-Division, Perambalur District.

2.The Sub-Inspector of Police, Kunnam Police Station, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Ganesh Kumar, Advocate, SR.No. 78817 +1cc to Mr.Pichai Pillai, Advocate, SR.No.79631 H.C.P. No. 911 of 2019 Kak(18/10/2019) https://hcservices.ecourts.gov.in/hcservices/