← Library
Madras High CourtHCP/1879/2019closed

Sulthana v. The State Rep.By

2019-12-11Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.1879 of 2019 Sulthana W/o.Ameerkhan ... Petitioner Vs 1.The State represented by The Inspector of Police, T-15, SRMC Police Station, Porur, Chennai - 600 125.

Crime No.879 of 2019 2.Rahmath Begum W/o.Jamal ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the first respondent to produce the petitioner's husband detenu viz., J.Ameerkhan, aged 22 years, before this Court from the illegal custody of second respondent and set him at liberty. For Petitioner :

Mr.C.D.Modhi For Respondents :

Mr.R.Prathap Kumar Additional Public Prosecutor [R1] *****

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner, who is the wife of the detenu viz., J.Ameerkhan, aged 22 years, has filed this petition seeking a direction to first respondent to produce him before this Court from the illegal custody of second respondent and set him at liberty.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for first respondent. https://hcservices.ecourts.gov.in/hcservices/

3. Learned counsel for petitioner submits that petitioner's husband went missing from 16.08.2019 and a complaint has also been lodged in this regard.

4. Learned Additional Public Prosecutor appearing for first respondent submits that since this is a case of matrimonial dispute, this Court, under order dated 18.09.2019, referred the matter to Mediation Centre towards arriving at a possibility of settlement. However, mediation has failed. Learned Additional Public Prosecutor further submits that the detenu has filed a suit for declaration to declare the marriage between him and the petitioner as null and void.

In the aforestated circumstances, the Habeas Corpus Petition is closed as nothing survives for further adjudication. Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar gm To 1.The Inspector of Police, T-15, SRMC Police Station, Porur, Chennai - 600 125.

Crime No.879 of 2019 2.The Public Prosecutor, High Court, Madras.

H.C.P.No.1879 of 2019 BR(CO) CSR: 11/12/2019 https://hcservices.ecourts.gov.in/hcservices/