S.Muneeswaran v. The Inspector Of Police
H.C.P.(MD) No.514 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.514 of 2021 S.Muneeswaran ... Petitioner/Husband of the Detenu versus
1. The Superintendent of Police, Sivagangai District, Sivagangai.
2. The Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai District.
3. Thulasi
4. L.Rukmani ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, for the issuance of writ of Habeas Corpus, to direct the 1st and 2nd respondents to produce the person or body of the detenue, namely, Janaki, daughter of Latchiya, aged 21 years before this Court and set her at liberty.
For Petitioner : Mr.S.Sivakumar For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor for R1 and R2 Mr.Somasekar Advocate from Andra Pradesh Appeared in V.C. For detenu vakalat not filed
ORDER
[Order of the Court was delivered by K.KALYANASUNDARAM, J.] This petition has been filed seeking a direction to the 1st and 2nd respondents to produce the detenue, namely, Janaki, daughter of Latchiya, aged 21 years before this Court and set her at liberty.
2. The petitioner would claim that he has completed B.Com degree and went to Thiruppur and joined in Garments Company, where, he fell in love with the detenue, who is the native of Andra Pradesh and he married the detenue on 25.02.2021 at Vinayagar Temple, Sivanmalai Village, Thiruppur District. It is also alleged that on https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.514 of 2021 05.03.2021, she left the matrimonial home to see her ailing mother and subsequently, she did not contact the petitioner. Later, he lodged a complaint on 16.03.2021. However, no effective steps are taken by the respondents to secure the detenue. Hence, the present petition has been filed.
3. Based on the complaint of the petitioner, the second respondent conducted investigation and found that the detenue is in Palamaner, Chittoor District, Andrapradesh State. Today, the detenue appeared before this Court through video conferrencing and she stated that she did not marry the petitioner herein, but, she married one Srinivasulu Reddy and the said marriage was also registered with Sub Registrar and Marriage Officer, Palamaner in Chittoor District on 16.04.2021. She further stated that she is making statement on her own and not by coercion.
4. In view of the statement made by the detenue, we are of the opinion that the detenue is not in illegal custody of anybody and hence, she is set at liberty.
5. Accordingly, the Habeas Corpus Petition is ordered. However, liberty is granted to the petitioner to work out his remedy before the competent Civil Court.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy To 1.The Superintendent of Police, Sivagangai District,Sivagangai.
2.The Inspector of Police, All Women Police Station, Thiruppathur,Sivagangai District.
3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.Sivakumar Advocate, Sr.No.16571 H.C.P.(MD) No.514 of 2021 17.04.2021 CN (02.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2