Vimalraj v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1572 of 2023 Vimalraj S/o.Ponnusamy .. Petitioner Vs.
1.
The Superintendent of Police, Tiruppur Palladam Main Road Karuppa Gundanpalayam Tiruppur, Tamil Nadu - 641 604.
2.
The Inspector of Police Udumalpet All Women Police Station Kuttai Thidal Udumalaipettai, Tiruppur Tamil Nadu - 642 126.
3.
Murugan Arunachalam M.G.R. Nagar Kothamangalam Sathyamangalam Ikkaraithathapalli Erode, Tamil Nadu - 638 451.
..Respondents Page Nos.1/5
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondent police to produce petitioner's wife Ramya, aged 22 years and petitioner's daughter 'xxxxx' aged 3 years before this Hon'ble Court and set them at liberty. For Petitioner :
Ms.K.Zeenath Shariffa For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] In the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity, convenience and clarity] it is a case of matrimonial discord between the petitioner and his wife Mrs.Ramya. Petitioner's wife has already instituted Family Court proceedings vide H.M.O.P.No.53 of 2022 on the file of Sub-Court, Sathyamangalam.
2. As the grievance of the petitioner pertains to matrimonial tie qua his wife and custody of his three year old daughter, learned counsel sought leave of this Court to withdraw the captioned HCP but made a plea that all the rights and contentions of the petitioner, petitioner's wife Mrs.Ramya and all concerned with the matter including third respondent (father-in-law of the Page Nos.2/5
petitioner) may please be preserved for being canvassed in the aforementioned Family Court or any other appropriate jurisdictional Court besides preserving rights of all concerned for approaching jurisdictional GAWA Court (to be noted, 'GAWA' stands for 'Guardians and Wards Act, 1890') for custody of minor child. This request is acceded to.
3. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
4. All the rights of all parties concerned are preserved in this regard. If the jurisdictional Family Court and / or jurisdictional GAWA Court or Court/s/Forum/Fora/Authority/Authorities is approached, the same shall consider the matter on its own merits and in accordance with law de hors closure of this captioned HCP which is for the limited purpose of giving a closure to this habeas drill. Furthermore, we deem it appropriate to say that we preserve the rights of the petitioner, anyone concerned for the petitioner's Page Nos.3/5
wife and / or petitioner's minor child to come to this Court with a same / similar prayer i.e., HCP if there are any other developments in the days to come.
5. Captioned HCP disposed of as closed / withdrawn albeit preserving all rights and contentions of all concerned in the aforementioned manner. (M.S.,J.) (R.S.V.,J.) 21.08.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.
The Superintendent of Police, Tiruppur Palladam Main Road Karuppa Gundanpalayam Tiruppur, Tamil Nadu - 641 604.
2.
The Inspector of Police Udumalpet All Women Police Station Kuttai Thidal Udumalaipettai, Tiruppur Tamil Nadu - 642 126.
3.
The Public Prosecutor, High Court, Madras.
Page Nos.4/5
M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.1572 of 2023 21.08.2023 Page Nos.5/5