V.Mohan v. The Superintendent Of Police

H.C.P.(MD) No.422 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.422 of 2020 V.Mohan ... Petitioner/Husband of the detenue -vs1.The Superintendent of Police, Superintendent of Police, Madurai - 625 007.

2.The Deputy Superintendent of Police, Samayanallur Office, Madurai.

3.The Inspector of Police, Vadipatty Police Station, Vadipatty, Madurai District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the third respondent to produce the body or person of the Petitioner's wife namely Swetha, Wife of Mohan, female, aged about 20 years by way of considering the Petitioner's representation dated 4.7.2020, Madurai before this Hon`ble Court and set her at liberty. For Petitioner :

Mr.NA.Manimaran for M/s.S.P.Prabakaran For Respondents :

Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM, J.) The present Habeas Corpus Petition has been filed praying for a direction to the third respondent to produce the wife of the Petitioner Swetha, aged about 20 years by considering the Petitioner's representation dated 4.7.2020 and set her at liberty forthwith.

2.It appears that the Petitioner married the detenue on 29.3.2020. It is alleged that the wife of the Petitioner left the matrimonial home on 11.5.2020. During the pendency of the Habeas Corpus Petition, the third respondent obtained a statement from the https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.422 of 2020 Petitioner as well as his wife Swetha. The statement of Swetha would indicate that she was having love affair with one Sreenath and that the marriage was performed with the Petitioner against her wish and she is not interested to live with the Petitioner. 3.In the light of the above facts, this Habeas Corpus Petition is dismissed,granting liberty to the Petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) vsn 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.

To:

1.The Superintendent of Police, Superintendent of Police, Madurai - 625 007.

2.The Deputy Superintendent of Police, Samayanallur Office, Madurai.

3.The Inspector of Police, Vadipatty Police Station, Vadipatty, Madurai District.

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

ORDER MADE IN H.C.P.(MD) No.422 of 2020 18.08.2020 KM (27.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2