Madras High CourtHCP(MD)/287/2022dismissed

Jose Melphine v. The Superintendent Of Police

2022-03-07Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.287 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.287 of 2022 Jose Melphine ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

... 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 body or person of the petitioner's wife, namely, Andro Judline Marry, W/o.Jose Melphine, the detenue in the present case, before this Court and set her at liberty. For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner/husband seeks for production of the person of his wife Andro Judline Marry, who is said to be missing since 18.09.2017.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.287 of 2022

3. The detenue has been secured and produced before us. Upon enquiry she would state that she does not want to go with the petitioner/husband and she is willing to give consent for divorce. It is also stated that the 10 year old boy born out of the wedlock, is with the petitioner/husband. The detenue being a major, we do not see any case of illegal detention. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) rm 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, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

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

H.C.P.(MD) No.287 of 2022 07.03.2022 MGJ(23.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2