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Madras High CourtHCP/1975/2020dismissed

P.Arun Prabu v. The Commissioner Of Police

2020-10-22Honourable Mr Justice V. Parthiban,Honourable Mr Justice G.R.Swaminathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2020 CORAM :

THE HONOURABLE MR.JUSTICE V.PARTHIBAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Habeas Corpus Petition No.1975 of 2020 Dr.P.Arun Prabu

...Petitioner

-Vs1.The Commissioner of Police, Greater Chennai, Vepery Chennai.

2.The Inspector of Police, F.5 Choolaimedu Police Station, Chennai.

3.Vanasekar

...Respondents

Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, to direct the second respondent herein to produce the body of the petitioner's wife Priya F/29 years W/o.Arun Prabhu before this Court who has been illegally detained by 3rd respondent and set her in liberty. For Petitioner :

Mr.L.Infant Dinesh For Respondent :

Mrs.V.Saratha Devi, Government Advocate (for R.1 & R.2)

ORDER

[Order of the Court was made by G.R.Swaminathan, J.] This matter is taken up through Web Hearing.

2.Heard the learned counsel for the petitioner. 3.The petitioner alleges that his parents-in-law are illegally detaining his wife V.Priya. The petitioner is a practising Doctor, his wife is also a practising Doctor. The parents-in-law are running a Nursing Home in Palani. https://hcservices.ecourts.gov.in/hcservices/

4. After going through the affidavit filed in support of this petition, we are satisfied that the proper course of action for the petitioner is to file a petition for conjugal rights under Section 9 of the Hindu Marriage Act. Therefore, leaving open the petitioner's right to pursue his conjugal rights before the matrimonial Court, the present Habeas Corpus Petition stands dismissed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsi/mrm To 1.The Commissioner of Police, Greater Chennai, Vepery Chennai.

2.The Inspector of Police, F.5 Choolaimedu Police Station, Chennai.

3.The Public Prosecutor High Court MadrasV.PARTHIBAN.,J Habeas Corpus Petition No.1975 of 2020 aa28/10/2020 https://hcservices.ecourts.gov.in/hcservices/