A.Anjali v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN A.Anjali ..
Petitioner v.
1. The Superintendent of Police Thiruvallur District, Thiruvallur
2. The Inspector of Police R.K.Pet Police Station Thiruvallur District
3. Rebha Shalini D/o Padmanaban ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the 2nd respondent herein to produce the body or person of petitioner's husband J.Sudhakar, son of Janarthanam, aged about 43 years from the custody of the 3rd respondent, before this Hon'ble Court and set him at liberty.
For Petitioner ::
Mr.M.N.Kathir For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor for R1 & R2
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of habeas corpus has been instituted to direct the second respondent to produce the petitioner's husband Mr.J.Sudhakar, S/o Janarthanam, aged about 43 years.
2. The detenu is an ex-serviceman, who retired from Indian Army on 30.11.2024. The marriage between the petitioner and the detenu was solemnized and two children were born from and out of their wedlock. The learned counsel for petitioner would submit that the detenu has neglected his children and not providing adequate means to meet the educational and other expenditures of the children. However, the detenu, who appeared in person, made a submission that he is paying maintenance. Therefore, it is for the petitioner to redress her grievance in the manner known to law. It is brought to the notice of this Court that matrimonial disputes and claim regarding
maintenance are sub judice before the competent Court. As far as the present habeas corpus petition is concerned, the detenu is present and he says that he is presently staying at Vellore and had gone to Hyderabad in search of job. Thus he is not under illegal detention and the petitioner is at liberty to workout her remedy with reference to the matrimonial disputes by approaching the competent Court of law. The habeas corpus petition stands disposed of.
Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 02.01.2025 ss To
1. The Superintendent of Police Thiruvallur District, Thiruvallur
2. The Inspector of Police R.K.Pet Police Station Thiruvallur District
3. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 02.01.2025