K.Sahul Hameed v. The Superintendent Of Police

H.C.P.(MD) No.70 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN H.C.P.(MD) No.70 of 2022 K.Sahul Hameed ... Petitioner/ Husband of the detenue -vs1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, Kalaiyarkovil, Sivagangai.

3.Panneerselvam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, directing the respondents Nos.1 and 2 to secure the body or person of the detenue namely Priyanka, W/o.K.Sahul Hameed, D/o.Paneer Selvam, aged about 24 years and produce her before this Court and set her liberty. For Petitioner :Mr.T.Lavanya For R1 & R2 :Mr.S.Ravi Additional Public Prosecutor

O R D E R

S.VAIDYANATHAN,J.

and DR.G.JAYACHANDRAN,J.

The petitioner has already approached this Court by way of Habeas Corpus Petition in H.C.P(MD)No.1591 of 2021, wherein, the detenue Priyanka has stated before this Court that she wants to go with her husband and the same has been recorded in the order, dated 29.10.2021.

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H.C.P.(MD) No.70 of 2022

2. Now, the present Habeas Corpus Petition has been filed by the petitioner stating that the parents of his wife has taken away the detenue Priyanka.

3. Today, when the matter is taken up for hearing, the respondent police has produced the detenue before this Court through Video Conferencing from the Public Prosecutor Office. On enquiry, the detenue has stated that though she married the petitioner, due to cultural difference, she is not in a position to live with the petitioner and she wants to go with her parents.

4. Recording the same, this Habeas Corpus Petition is closed. It is open to the petitioner to work out his remedy in accordance with law.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) am Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, Kalaiyarkovil, Sivagangai.

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

+1 CC to M/s.M.EASWARAN, Advocate ( SR-2314[F] dated 25/01/2022 ) H.C.P.(MD) No.70 of 2022 24.01.2022 MGJ(03.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2