Muthumari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.394 of 2020:

Muthumari ... Petitioner -vs1.The Superintendent of Police Ramanathapuram District Ramanathapuram 2.The Inspector of Police Uchipuli Police Station Uchipuli Ramanathapuram District 3.Rajesh ... 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 detenue namely Divya, (aged about 28 years), wife of Late.Soundarapandian and Minor Yojana (aged about 3 years), daughter of Late.Soundarapandian, before this Court, who are under the illegal custody of the third respondent herein and set them at liberty.

For Petitioner :

Mr.K.R.Laxman For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2 H.C.P.(MD) No.417 of 2020:

Seemaichamy.V ... Petitioner -vs1. The Superintendent of Police Ramnathapuram District 1/3

2. The Special Sub Inspector of Police Uchipuli Police Station Ramanathapuram ... 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 daughter-inlaw, namely, Mrs.Divya, aged 28 years and grand-daughter, namely, Yojana, aged 3 years, before this Court and set them at liberty. For Petitioner :

Mr.M.S.Parthiban For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor C O M M O N O R D E R [Order of the Court was made by K.KALYANASUNDARAM, J.] H.C.P.(MD) No.394 of 2020 has been filed by the father of the first detenue, namely, Divya, wife of Late.Soundarapandian, aged about 28 years and grandfather of the second detenue, namely, Yojana, daughter of Late.Soundarapandian, aged about three years, for their production before this Court and to set them at liberty. Whereas, H.C.P.(MD) No.417 of 2020 came to be filed by the fatherin-law of the said Divya.

2. It is the case of the petitioners that the detenues, namely, Ms.Divya and her minor daughter Yojana are found missing from 16.03.2020 and they are kept in illegal detention by one Rajesh, son of Soundarajan, who is the third respondent in H.C.P. (MD) No.394 of 2020.

3. Today, the petitioners in both habeas corpus petitions along with the detenues appeared before this Court through Video Conferencing. On enquiry, the first detenue, namely, Ms.Divya informed that she was living with the said Rajesh, who was already married and the proposal to contract second marriage between her and the said Rajesh was being objected to by his first wife and therefore, she has decided to reside in Thiruvannamalai on her own volition.

4. When Mr.K.R.Laxman, learned counsel for the petitioner in H.C.P.(MD) No.394 of 2020, requested the detenue Divya to handover her minor child Yojana either to her father or father-in-law, she refused to handover her minor child to either of them. 2/3

5. In the light of the above statement of the first detenue, we are of the opinion that no further adjudication is required in this matter and the habeas corpus petitions are, therefore, closed with liberty to the petitioners to workout their remedy, with regard to custody of the minor child and other reliefs, in the manner known to law.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) 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. krk To:

1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Inspector of Police, Uchipuli Police Station, Uchipuli, Ramanathapuram District.

3. The Special Sub Inspector of Police, Uchipuli Police Station, Ramanathapuram.

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

06.10.2020 SJ(CO) CS(16.10.2020) 3P 5C 3/3