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Madras High CourtHCP(MD)/72/2023closed

Mariya Arockiam v. The Superintendent Of Police

2023-01-23Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR.JUSTICE SUNDER MOHAN H.C.P.(MD)No.72 of 2023 Mariya Arockiam .. Petitioner /Husband of the Detenu Vs.

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

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

3.The Inspector of Police, Thoondi-Police Station, Ramanathapuram District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents herein to produce the body or person of the petitioner's wife namely, Sobiya, W/o.Mariya Arockiyam, aged about 20 years before this Court and set her liberty and before this Court.

For Petitioner :Mr.D.Balamurugapandi For Respondents :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

DR. G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

This Habeas Corpus Petition is filed by the husband of the detenu alleging that his wife went missing since 29.09.2022, after she went to visit her parents home.

2.The husband of the detenu gave a complaint before the respondent police and on enquiry indicates that due to matrimonial discard, she has left the petitioner and now she is living with her parents. The police has enquired the petitioner and his wife and informed the petitioner about the intention of his wife to stay back with her parents. The petitioner also gave an undertaking to that effect.

3.In the above circumstances, nothing survives for adjudication in the Habeas Corpus Petition. Hence, this petition is dismissed. It is open to the petitioner to workout his remedy before the appropriate forum for necessary relief.

(G.J.,J.) (S.M.,J.) 23.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

3.The Inspector of Police, Thoondi-Police Station, Ramanathapuram District.

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

DR.G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

Ns H.C.P.(MD)No.72 of 2023 23.01.2023