Madras High CourtHCP(MD)/1412/2015dismissed

T. Ravi v. The Superintendent Of Police

2015-10-26Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1412 of 2015 T.Ravi .. Petitioner Vs.

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

2.The Inspector of Police, Kollamcode Police Station, Kanyakumari District. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenues, Shalini, D/o.Sekaran, aged 28 years and Mobin, S/o.T.Ravi, aged 8 years, before this Court and set them at liberty.

For Petitioner : Mr.S.C.Herold Singh For Resppondents : Mr.K.S.Duraipandian Additional Public Prosecutor.

O R D E R

*********** [Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the husband of one Mrs.Shalini, aged 28 years and father of minor Mobin, aged 8 years. On account of his employment, he is in Saudi Arabia. Mrs.Shalini and his son Mobin were residing in the native place in Kanyakumari District. Now, they have been missing from 24.09.2015 onwards. In this regard, a case has been registered in Crime No. 278 of 2015 for 'woman and child missing'. Since Mrs.Shalini and Mobin have not been rescued, the petitioner has come up with this Habeas Corpus Petition.

2. Today when the matter was taken up, the second respondent produced Mrs.Shalini and the minor Mobin. The petitioner was also present. On enquiries, she stated that she is not happy with matrimonial life and therefore on her own volition, she has been residing at Chennai with Mobin. She is employed in a Private Concern and she further stated that she is educating the child also.

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3. The learned counsel for the petitioner would submit that the petitioner returned to India once for all and therefore the child may be

entrusted to the custody of the petitioner. In our considered view, the dispute between the parties shall only be resolved before the lower Court.

4. In view of the above, no further direction as prayed for, could be given. Accordingly, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

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

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

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

+1CC to Mr.S.C. Herold Singh, Advocate SR.No.63079 ORDER MADE IN H.C.P(MD)No.1412 of 2015 26.10.2015 AM/04.11.2015/AMF/2P/5C https://hcservices.ecourts.gov.in/hcservices/