Siva v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.No.1882 of 2021 Siva S/o.Perumal ..Petitioner Vs.

1.The State represented by The Superintendent of Police, Krishnagiri, Krishnagiri District.

2.The Inspector of Police, Mathur Police Station, Krishnagiri District.

3.Prabhu S/o.Mathammal 4.Senthamarai W/o.Kuttiyappan 5.Soniya D/o.Kuttiyappan 6.Suguna W/o.Saravanan 7.Saravanan ..Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the petitioner's wife Shobana, aged 23 years, before this Court and set her at liberty.

For Petitioner :

Mr.E.Kannadasan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's wife Shobana, aged 23 years, before this Court and set her at liberty.

2. For the sake of convenience, the parties are referred to by their respective names.

3. It is the case of Siva that he and Shobana fell in love with each other and got married though they belong to different communities. This was not to the liking of Shobana's family. Through the wedlock, the couple have a child Rithish, who is now two years old. It is the case of Siva that his wife Shobana went missing from 01.10.2021 and is being kept in illegal detention by respondents 3 to 7 as they wanted her to get married to a person of their community. On these allegations, Siva has filed the present petition.

4. Today, Mr.P.Krishnan, Special Sub-Inspector of Police, Mathur Police Station, Krishnagiri District, is present.

5. On instructions, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Mathur P.S.Crime No.400 of 2021 was registered for 'woman missing'.

6. The police produced Shobana before us. Siva was present with the child Rithish.

7. When we enquired, Shobana stated that on account of marital discord, she got separated from her husband Siva and that she is living with her parents at Chemmanatham, Palacode, Dharamapuri District [mobile number 98656 50211], on her own volition. It also came to light that Shobana was earlier married to one Pandidurai and through him she has a child viz., Indu, who is being brought up by Shobana's parents. Shobana was not willing to go with the petitioner whereas the petitioner was saying that at least for the child, she should rejoin him and start a new chapter in life.

8. We made Siva and Shobana speak to each other in the mediation room. However, Shobana stood to her ground and stated that she is not willing to go with Siva.

9. We are of the opinion that differences between the couple is not so wide and if they are sent for mediation, there is every possibility for them to rejoin.

10. Accordingly, the second respondent viz., Inspector of Police, Mathur Police Station, Krishnagiri District, is directed to produce Shobana before the Secretary, District Legal Services Authority, Krishnagiri District, on 10.01.2022 at 10.30 a.m. Siva and the child Rithish shall also be present on such date. The Secretary, District Legal Services Authority, Krishnagiri District, is directed to refer them to the local mediation centre for bringing about an amicable settlement. It is always open to the Shobana to visit Siva and spend time with the child. If the parties rejoin, it is fine. If they do not rejoin, the Mediation Centre may close the mediation proceedings and send the report to the Secretary, District Legal Services Authority, Krishnagiri District, who may close the file. With the above direction, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar gm To 1.The Superintendent of Police, Krishnagiri, Krishnagiri District.

2.The Inspector of Police, Mathur Police Station, Krishnagiri District.

3.The Secretary, District Legal Services Authority, Krishnagiri District.

4.The Public Prosecutor High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate SR. No.66732 H.C.P.No.1882 of 2021 VSNII (CO) PR (03/01/2022)