M.Mohammed Mydeen v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE SUNDER MOHAN H.C.P.(MD)No.36 of 2023 M.Mohammed Mydeen .. Petitioner / Husband of the Detenu Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Kadayam Police Station, Tenkasi District.

3.Eliya .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person or body of the petitioner's wife, namely, G.E.Jennifer, aged about 22 years, D/o.Eliya, before this Court and set her at liberty.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 and R2

ORDER

DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN, J.

Claiming that the detenu, namely, G.E.Jennifer, is his wife and she has been forcibly taken by her father and kept under illegal custody, the present Habeas Corpus Petition is filed by the petitioner.

2. When this Court post a pertinent question as to how the petitioner claims that the detenu is his wife and whether marriage was solemnized, the learned counsel for the petitioner is not able to produce any document except three photographs in which the detenu and the petitioner are seen together. Photograph with a female is ipso facto not a proof for marriage of that person. Therefore, when we are about to dismiss this petition with cost, the learned counsel for the petitioner sought leave of this Court to withdraw

this petition. Leave granted. He made an endorsement to that effect. 3.Accordingly, this Habeas Corpus Petition is dismissed as withdrawn.

[G.J.,J.] & [S.M.,J.] 10.01.2023 Index: Yes/No Internet:Yes/No PJL To 1.The Superintendent of Police, O/o. The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Kadayam Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN, J.

PJL H.C.P.(MD)No.36 of 2023 10.01.2023