P.Vadivel v. Sup Of Po Cudalore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE S.RAMATHILAGAM H.C.P.No.2146 of 2018 P.Vadivel S/o.Periyasamy ... Petitioner -Vs1.The Superintendent of Police, Office of the Superintendent of Police, Cuddalore, Cuddalore District.

2.The Inspector of Police, Kurinjipadi Police Station, Kurinjipadi, Cuddalore District.

3.Mohan S/o.Ramakrishnan ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing respondents 1 and 2 to produce the body or person of petitioner's wife Rema, aged about 21 years, who is under illegal custody of third respondent before this Court and hand over custody to petitioner. For Petitioner :

Mr.G.Ganapathy For Respondents:

Mr.K.Prabhakar Additional Public Prosecutor [R1 and R2]

O R D E R

[Order of the Court was made by C.T.SELVAM, J] Petitioner seeks a direction to respondents 1 and 2 to produce petitioner's wife Rema, aged about 21 years, who is under illegal custody of third respondent before this Court and hand over to petitioner.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for State.

https://hcservices.ecourts.gov.in/hcservices/

3. Detenue has been produced by second respondent. Petitioner is present. On enquiry, detenue informs that she was given in marriage to petitioner against her will. Within 10 days of marriage, she had left the marital home but had been forced back there into. As she continued to be unhappy, she had left the marital home and has taken up residence with a relative at Salem. She is not suffering any illegal confinement and acted on her own volition.

In the aforestated circumstances, the Habeas Corpus Petition shall stand closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gm To 1.The Superintendent of Police, Office of the Superintendent of Police, Cuddalore, Cuddalore District.

2.The Inspector of Police, Kurinjipadi Police Station, Kurinjipadi, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Ganapathy, Advocate, S.R.No. 78662 H.C.P.No.2146 of 2018 MG(CO) GN(20/12/2018) https://hcservices.ecourts.gov.in/hcservices/