J.Suresh v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN J.Suresh ..
Petitioner v.
1. The Superintendent of Police District Police Office Nethimedu Salem 636 002
2. The Inspector of Police Yercaud Police Station Yercaud Salem District 636 601
3. Samuel
4. Stephen
5. Kishore Kumar ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce petitioner's wife Mrs.Gracy, D/o Mr.Ramesh, aged 27 years and my child Jabez (7 months old) under the illegal custody of respondents 3, 4 and 5 and set them at liberty.
For Petitioner ::
Mr.D.Stephen For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This petition is filed by the husband alleging that his wife and child are under the illegal custody of his in-laws, who are also added as respondents 3 to 5. The respondents 3 to 5 are also present today.
2. It is admitted that the petitioner is the husband of the detenue by name Gracy and he married her on 22.06.2022. Out of wedlock, a male child was born on 20.04.2023. It is the case of the petitioner that soon after his wife was discharged from the hospital, she was taken and is now under the illegal custody of his in-laws. He also says that his in-laws are demanding 15 lakhs and also his sperms to his wife's elder sisters, who are not having child.
3. We are not inclined to go into the factual averments, having regard
to the fact that the detenue, who is secured and produced before this Court, has expressed her unwillingness to go with the petitioner/husband. She stated that her husband has not seen her right from the date of "Valaikappu". She states that she is, on her own, residing with her mother, as she cannot believe her husband.
4. Since it is not a case of illegal custody and the tender child is also with the mother, the detenue, this Court is not inclined to entertain this petition. Therefore, the habeas corpus petition is closed. It is open to the petitioner/husband to seek appropriate remedy before the Family Court, if he is so advised.
Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 07.11.2023 ss To
1. The Superintendent of Police District Police Office Nethimedu Salem 636 002
2. The Inspector of Police Yercaud Police Station Yercaud Salem District 636 601
3. The Public Prosecutor High Court, Madras
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ss 07.11.2023