M. Thameem Ansari v. The Assistant Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL M.Thameem Ansari .. Petitioner Vs.
1.
The Assistant Commissioner of Police Office of the Assistant Commissioner of Police Royapettah, Chennai - 600 014 2.
The Inspector of Police D-4, Zam Bazar Police Station Bharathi Salai, Triplicane Chennai - 600 005 ..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the second respondent to produce the body of the petitioner wife namely M.Safiya Faizun, daughter of Mohaideen Shekkathi, aged about 20 years, before this Court and set her at liberty.
For Petitioner :
Mr.R.Thangamani Page Nos.1/7
For Respondents :
Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity].
2. Factual matrix in a nutshell is that one 'Safiya Faizun (Date of Birth:14.07.2004, aged 19 years)' [hereinafter 'absentee' for the sake of convenience and clarity] married the HCP petitioner M. Thameem Ansari, aged 27 years on 23.03.2023; that thereafter, the absentee thought that marriage will not work with the HCP petitioner who has now filed the captioned HCP after lodging a complaint dated 19.07.2023 with the second respondent police station (saying that absentee is missing); that there is apprehension that absentee may be in illegal custody/unlawful detention of her father Thiru.Mohaideen Shekkathi and that has impelled the HCP petitioner to file captioned matter.
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3. Issue notice.
4. Mr.A.Gokulakrishnan, learned State Additional Public Prosecutor accepted notice on behalf of both the respondents.
5. In the hearing today, petitioner's counsel Mr.R.Thangamani, State Public Prosecutor Mr.A.Gokulakrishnan {instructed by Mr.S.Rajeev, Inspector of Police (second respondent)}, absentee and absentee's father Thiru.Mohaideen Shekkathi were present.
6. This Bench had an interaction with the absentee and from the interaction the following points emerged:
(i) that the Absentee did marry the HCP petitioner on 23.03.2023 but post marriage also she continued /continues to stay with her father at 15/8, Soorappan Street, Triplicane - 600 005;
(ii) that the absentee is studying in a city college, she is pursuing B.Sc Biochemistry and she is in the final year; (iii) that the absentee realized that the marriage will not work;
(iv) that the absentee has therefore initiated divorce Page Nos.3/7
proceedings vide O.S.No.245 of 2023 on the file of VII Additional Judge's Court, Family Court, Chennai; (v) that the next hearing date in the aforementioned Family Court is 16.09.2023;
(vi) that the absentee is clear that she wants to pursue the aforementioned divorce proceedings;
(vii) that the absentee wants to continue to stay with her parents (as father and mother are together in the above address) and pursue the divorce proceedings.
7. In the light of the narrative thus far, it comes to light that this is not a case of illegal detention or unlawful custody and therefore, we drop the curtains on the captioned HCP but we make it clear that all the rights and contentions of the HCP petitioner, absentee, absentee's father and / or any other person concerned with this matter are preserved for being pursued in collateral / connected proceedings in other Courts/ Fora or before any other Authority and more particularly in O.S.No.245 of 2023 on the file of VII Additional Judges Court, Family Court, Chennai. Though obvious, we also make it clear that Family Court shall proceed with the matter on its own Page Nos.4/7
merits and in accordance with law untrammeled by this order which has been made for the limited purpose of a habeas corpus legal drill, which now stands concluded.
8. Curtains on captioned HCP.
9. Captioned HCP is disposed of as closed with the aforementioned directives. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 28.07.2023 Index : Yes /No Speaking order / Non-speaking order gpa Page Nos.5/7
To 1.
The Assistant Commissioner of Police Office of the Assistant Commissioner of Police Royapettah, Chennai - 600 014 2.
The Inspector of Police D-4, Zam Bazar Police Station Bharathi Salai, Triplicane Chennai - 600 005 3.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL, J., gpa 28.07.2023 Page Nos.7/7