Raguraman v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 04.06.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P. (MD) NO. 393 OF 2019 Raguraman ... Petitioner - Vs -
1. The Superintendent of Police Dindigul District.
2. The Inspector of Police Palani Taluk Police Station Dindigul District.
3. Premkumar
4. Ramaraj
5. Anantharaj
6. Alagarsamy
7. Sugapriya ... Respondents Petition filed for the issuance of a writ of habeas corpus directing the respondents to produce the body or person of the detenue, viz., Pathrakaliammal, D/o Raja, W/O Raguraman, now aged about 35 years, produce her before this Hon'ble Court and set her at liberty.
For Petitioner : Mr. D.Venkatesh For Respondents : Mr. K.Dinesh Babu, APP for RR-1 & 2 Mr. M.P.Seshadri for RR-3 to 5
ORDER
(Order of the Court was made by M.Sathyanarayanan, J.) The petitioner is the husband of the detenue, viz., Pathrakaliammal, aged about 35 years and alleging illegal https://hcservices.ecourts.gov.in/hcservices/
custody/detention at the hands of private respondents, has come forward to file this petition.
2. This habeas corpus petition was entertained on 15.5.19. When the matter is taken up for hearing today, the detenue is produced before this Court by the 2nd respondent. This Court enquired the detenue and she stated that unable to bear with the physical torture and abuse of her husband, she voluntarily left the matrimonial home and she does not intend to continue her matrimonial relationship with the petitioner.
3. Learned counsel appearing for the petitioner reiterated the submissions based on the averments made in the affidavit. Learned counsel appearing for respondents 3 to 5 submits that the allegations/averments made in the affidavit filed in support of this petition are false and the petitioner has gone to the extent of even implicating the lawyer of the detenue, who is arrayed as the 7th respondent. The 7th respondent is also present before this Court.
4. In the light of the fact that the detenue being a major voluntarily left the company of the petitioner for reasons known to her, it cannot be said that she is in the illegal custody/detention of the private respondents.
5. For the reasons aforesaid, this habeas corpus petition is dismissed and the detenue is set at liberty to take a call on her own future and well being.
sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police Dindigul District.
2. The Inspector of Police Palani Taluk Police Station Dindigul District.
3. The Addl. Public Prosecutor Madurai Bench of Madras High Court Madurai.
+1 CC to Mr.D.VENKATESH, Advocate ( SR-66973[F] dated 06/06/2019 ) +1 CC to M/s.A.SUGAPRIYA, Advocate ( SR-66833[F] dated 04/06/2019 ) H.C.P. (MD) NO. 393 OF 2019 04.06.2019 gln MK (17.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/