Mr.Mydeen v. The Superintendent Of Police
H.C.P.(MD) No.123 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.123 of 2021 Mydeen ... Petitioner/Husband of the detenue -vs1.The Superintendent of Police Tenkasi District, Tenkasi 2.The Inspector of Police Puliangudi Police Station Puliangudi, Tenkasi District 3.Govinthan ... Respondents/Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the person or body of the detenue, petitioner wife namely Mrs.M.Rizwana Parveen, wife of Mydeen, aged about 26 years, before this Court and set her at liberty.
For Petitioner : Mr.Vadivelu, K.
For Respondents: Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 and 2 to produce his wife, namely, M.Rizwana Parveen, aged about 26 years, before this Court and set her at liberty.
2. The petitioner would state that he married the detenue on 15.04.2012 and during the wedlock, they were blessed with two male children and one female child. He would further state that his wife is found missing from 14.01.2021 and hence, he lodged a complaint to the second respondent on 14.01.2021 itself. It is alleged that the detenue has eloped with the third respondent herein and she is being kept in the illegal custody of the third respondent.
3. When the matter is taken up for hearing, the detenue appeared before this Court through Video Conferencing from the https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.123 of 2021 Office of the Public Prosecutor. On enquiry, the detenue would state that her husband is a drunkard and harassed her and hence, she left the matrimonial home and now, she is searching for a job. The detenue has also stated that she does not know the third respondent and she is not illegally detained by anybody.
4. In the light of the above statement of the detenue, the habeas corpus petition is closed giving liberty to the petitioner to workout his remedy before the appropriate Forum in the manner known to law.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.
krk To:
1.The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Inspector of Police, Puliangudi Police Station, Puliangudi, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.VADIVELU, Advocate ( SR-2910[F] dated 02/02/2021 ) H.C.P.(MD) No.123 of 2021 02.02.2021 NR (11/02/2021) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2