M. Murugaiyan, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2016
CORAM
THE HONOURABLE MR. JUSTICE M. JAICHANDREN AND THE HONOURABLE MR. JUSTICE S. NAGAMUTHU H.C.P. No. 321 of 2016 M. Murugaiyan ... Petitioner/Husband of the Detenue Vs.
1.
The Superintendent of Police, Nagapattinam, Nagapattinam District.
The Inspector of Police, Thiruvengadu Police Station, Nagapattinam District.
The Sub Inspector of Police, Thiruvengadu Police Station, Nagapattinam District.
Prabakaran 5.
Mrs. Sarumathi ... Respondents Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus to direct respondents 1 to 3 to produce Mrs.Preethi, aged 20 years, wife of the petitioner, before this Honourable Court and set her at liberty now, illegally detained by respondents 4 and 5. For Petitioner :
Mr.S.T. Varadarajulu For Respondents :
Mr.V.M.R. Rajendran, Additional Public Prosecutor
O R D E R
(Order of the Court was made by M. JAICHANDREN,J.) This Habeas Corpus Petition has been filed by the husband of the detenue praying that this Court may be pleased to direct respondents 1 to 3 to produce his wife, Mrs. Preethi, aged about 20 years, and set her at liberty.
The petitioner had stated that he had married the detenue on 12.02.2016, and the said marriage was registered before the Sub Registrar's Office - Joint II, Cuddalore, as per the provisions of Tamil Nadu Registration of Marriages Act, 2009. After the said marriage, the petitioner and the detenue were living together. While so, the parents of the detenue had given a complaint to the Thiruvengadu Police Station. Based on the said complaint, the 2nd respondent had called the petitioner for an enquiry, on 15.02.2016. It was agreed by the respondents 4 and 5, who are the parents of the detenue, that they would give their daughter in marriage to the petitioner, by way of a formal marriage ceremony. However, the said promise has not been fulfilled. Hence, the petitioner has been compelled to file this Habeas Corpus Petition before this Court.
At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor appearing on behalf of respondents 1 to 3 had submitted that the detenue is living with her parents/ respondents 4 and 5 herein. The detenue has not been kept in illegal custody by the said respondents. He had further submitted that the petitioner can seek his remedy, if any, before the appropriate forum, in the manner known to law.
In view of the submissions made by the learned counsel for the petitioner, as well as the learned Additional Public Proseuctor appearing on behalf of respondents 1 to 3, we are of the considered view that the relief prayed for, by the petitioner, in the present Habeas Corpus Petition, cannot be granted, at this stage. It is open to the petitioner to seek his remedy, for restitution of conjugal rights, before the appropriate forum, if so advised, in the manner known to law. 5.
In such view of the matter, the Habeas Corpus Petition is dismissed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
nv To 1.
The Superintendent of Police, Nagapattinam, Nagapattinam District.
The Inspector of Police, Thiruvengadu Police Station, Nagapattinam District.
The Sub Inspector of Police, Thiruvengadu Police Station, Nagapattinam District.
The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.T. Varadarajulu, Advocate, S.R.No.15667 H.C.P. No. 321 of 2016 VGI(CO) CA(01/04/2016)