Madras High CourtHCP(MD)/283/2021dismissed

M.Sivalingam v. The Superintendent Of Police

2021-04-09Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P(MD)No.283 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.283 of 2021 M.Sivalingam ... Petitioner/Husband & Father of the Detenues -vs1.The State represented by The Superintendant of Police, Madurai.

2.The Inspector of Police, Kottampatty Police Station, Madurai District.

3.Veeraprabhu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the 1st and 2nd respondents to produce the persons or bodies of the petitioner's wife Sutha, W/o. M.Sivalingam, aged about 36 years and petitioner's minor children namely, Hema, D/o.M.Sivalingam, aged about 17 years, Ragavi, D/o.M.Sivalingam, aged about 13 years and Raji, D/o.M.Sivalingam, aged about 11 years before this Court and set them at liberty.

For Petitioner :

Mr.Rajaraman.R.

For Respondent :

Mr.S.Chandresekar, Nos.1 and 2 Additional Public Prosecutor

O R D E R

[Order of the Court was made by B.PUGALENDHI, J.] The prayer in this habeas corpus petition is to direct the respondents 1 and 2 to produce the petitioner's wife Sutha, W/o. M.Sivalingam, aged about 36 years and petitioner's minor children namely, Hema, D/o.M.Sivalingam, aged about 17 years, Ragavi, D/o.M.Sivalingam, aged about 13 years and Raji, D/o.M.Sivalingam, aged about 11 years before this Court and hand over their custody to him.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.283 of 2021 2.Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondents made a mention before this Court that the detenue in this case have been secured and therefore, the matter is taken up for hearing today.

3.When the matter is taken up for hearing today, the detenue have been produced by the respodent Police. On enquiry the first detenue Sutha would state that due to the matrimonial dispute she is living away from the petitioner and she is also taking care of her minor children. The children also expressed that they want to live with her mother.

4.In the light of the above, this Court finds no merit in this petition and therefore, this habeas corpus petition is dismissed. Sd/- Assistant Registrar (AE) // True Copy // / /2020 Sub Assistant Registrar() dsk To 1.The Superintendant of Police, Madurai.

2.The Inspector of Police, Kottampatty Police Station, Madurai District.

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

H.C.P(MD)No.283 of 2021 09.04.2021 dsk RM 19/05/2021 (2P-4C) https://hcservices.ecourts.gov.in/hcservices/ 2/2