K.Mangaleswari v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN K.Mangaleswari .. Petitioner/Mother of Detenue Vs.
1.The Superintendent of Police, O/o. Superintendent of Police, Madurai District.
2.The Inspector of Police, Mathichayam Police Station, Madurai.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 & 2 to produce the body or person of the petitioner's daughter namely Deepa aged 33 years, D/o.Krishnan before this Court and set her at liberty. For Petitioner : Mr.S.S.Sundarapandian For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN,J.
and C.KUMARAPPAN,J.
The mother of one Deepa, aged about 33 years, is the petitioner herein. Alleging that her daughter Deepa had gone missing from 24.11.2023, deserting her husband and two children and her whereabouts are not known, the present Habeas Corpus Petition is filed after lodging a complaint to the respondent Police.
2. The learned Additional Public Prosecutor appearing for the respondents would submit that based on the petitioner's complaint, CSR was registered. On enquiry, it was found that due to family dispute, the said Deepa has left the family and has taken shelter in Holy Cross Social Centre, Paravai. He further submitted that the petitioner's daughter has given a statement that she is not interested in joining her family and has also made certain allegations against her husband, who, according to her, is an alcohol addict.
3. The learned counsel for the petitioner submits that the petitioner's daughter has left two children and one of them is suffering from secondary complex and for the purpose of treatment, their mother, Deepa's presence is required.
4. Though it is a very pathetic case that the mother has deserted her own children, under Habeas Corpus Petition, we cannot compel her to join the family. Hence, nothing survives in this petition, as a concomitant, the Habeas Corpus Petition is closed with a direction to the respondent Police to assist the petitioner in getting necessary consent from the mother, Deepa, for the purpose of admitting her son, aged about 13 years, in the hospital. (G.J.,J.) (C.K.,J.) 27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To 1.The Superintendent of Police, O/o. Superintendent of Police, Madurai District.
2.The Inspector of Police, Mathichayam Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DR.G.JAYACHANDRAN,J.
and C.KUMARAPPAN,J.
Lm 27.02.2024