Prabhakaran v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023
CORAM
The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.375 of 2023 Prabhakaran .. Petitioner Vs.
1.The Superintendent of Police, Karur District, Karur.
2.The Inspector of Police, Karur Town Sub Division, Karur District, Karur 3.The Inspector of Police, Vangal Police Station, Karur District, Karur.
4.B.Satham Hussain .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the person or body of the petitioner's wife namely. Abinaya, wife of Prabhakaran, aged about 28 years, before this Court and set her at liberty.
For Petitioner : Mr.J.Sulthan Basha For Respondents : Mr.RMS.Sethuraman for R1 toR3 Additional Public Prosecutor
ORDER
[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed for a direction to the respondents to produce the person or body of the petitioner's wife namely. Abinaya, wife of Prabhakaran, aged about 28 years, before this Court and set her at liberty.
2. The detenue namely Abinaya, aged 28 years, is the wife of the petitioner. Since the petitioner made a complaint to the respondent police that the detenue is missing from the matrimonial home for the past some time and no action has been taken by the respondent police, he has moved this petition. It is his allegation that the detenue has eloped with the 4th respondent.
3. In these circumstances, when this petition was taken up for hearing, the detenu has been produced before this Court through the respondent police. When we enquired the detenue, she stated that eight years back, she married the petitioner and out of the wedlock, she gave birth to two children and now, they are at the age of 7 and 4 respectively. However, it is the complaint of the detenue that earlier, there has been continuous torture at the hands of the petitioner and therefore, she left the matrimonial home and resided along with her mother at Vellakoil. Subsequently she had been brought back to the matrimonial home by the petitioner. However, his torture was not stopped with that, since that was continued once again, she left the matrimonial home again and at present, she is working in a company in Tirupur town, where with the help of her female friend, she has taken a rental portion and residing there. The detenue also stated that she does not want to go with the petitioner nor she is interested to go with her mother.
4. Insofar as the marital relationship as well as the children, the detenue stated that she will work out her remedy under personal law before the concerned judicial forum. It is also submitted by the detenue that she
had no relationship with the 4th respondent and she stoutly denies such an allegation made against her connecting with the 4th respondent. She would further submit that he is only a school friend nothing more nothing less, so far as the friendship with the detenue is concerned.
5. Recording the afore-stated, we feel that the Habeas Corpus Petition can be closed. Accordingly, this petition is closed. (R.S.K.,J.) (K.K.R.K.,J.) 24.04.2023 Index : Yes/No Internet : Yes RR To 1.The Superintendent of Police, Karur District, Karur.
2.The Inspector of Police, Karur Town Sub Division, Karur District, Karur 3.The Inspector of Police, Vangal Police Station, Karur District, Karur.
3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
R.SURESH KUMAR,J.
and K.K.RAMAKRISHNAN,J.
RR HCP.(MD)No.375 of 2023 24.04.2023