Madras High CourtHCP(MD)/556/2022dismissed

G. Karthik Raja v. The Commissioner Of Police

2022-04-13Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.556 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.556 of 2022 G.Karthik Raja ... Petitioner / Husband of the Detenu -Vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Karimedu Police Station, Madurai City.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 2nd respondent to produce the person or body of the detenue, the petitioner's wife namely, M.Ponrevathi (Date of Birth 02.05.1996), W/o.G.Karthik Raja, aged about 26 years before this Court and set her at liberty. For Petitioner : Mr.M.Solaisamy For Respondents : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of the person of his wife, namely, M.Ponrevathi, aged about 28 years. According to the petitioner, he got married to the detenue on 15.11.2021. The detenue and the mother of the petitioner left for Madurai to see the maternal uncle of the detenue on 10.03.2022. Upon arriving of the bus stand, under the pretext of going to rest room, the detenue went missing. Complaining inaction on the part of the police, the petitioner is before this Court, seeking production of the person of the detenue.

2.Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the detenue had left the matrimonial home, complaining that the petitioner is unfit for marital life. It is also the claim of the detenue that the marriage was not conducted with consent of the detenue. The detenue is staying in a Home and contacting her parents and sister regularly.

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H.C.P.(MD) No.556 of 2022 3.In view of the above statement, this Habeas Corpus Petition is dismissed, leaving it open to the petitioner to move appropriate Civil Court for restitution of conjugal rights, if he so pleases. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Karimedu Police Station, Madurai City.

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

+1 CC to M/s.M. SOAISAMY, Advocate ( SR-18479[F] dated 13/04/2022 ) H.C.P.(MD)No.556 of 2022 13.04.2022 MGJ(27.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2