Madras High CourtHCP(MD)/1282/2017closed

R.Raja Antony, v. The Superintendent Of Police,

2017-12-08Honourable Mr Justice R.Subbiah,Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA H.C.P.(MD)No.1282 of 2017 R.Raja Antony : Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District Thoothukudi.

2.The Inspector of Police Murappanadu Police Station Thoothukudi District 3.Chelladurai 4.C.Mercy : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the detenu by name Anushiya Juliet, aged 23 years, W/o.Raja Antony, before this Court and set her at liberty.

For Petitioner : Mr.R.Anand For Respondents 1 &2 : Mr.C.Ramesh Additional Public Prosecutor For Respondents 3 & 4 : No Appearance

ORDER

[Order of the Court was made by R.SUBBIAH, J] The petitioner is the husband of the detenu, viz., Anushiya Juliet, aged 23 years. It is averred in the affidavit that though they both fell in love with each other, their marriage was solemnized with the consent of the petitioner's parents. While so, it is alleged that the detenu has been abducted by the respondents 3 and 4, who are none else than her parents. Hence, the petitioner lodged a complaint with the respondent police and since no effective steps were taken, the petitioner is before this Court with this petition.

2.When the matter was taken up for hearing on 04.09.2017, this Court referred the matter to the Mediation and Conciliation Centre to arrive at an amicable settlement between the parties. Since mediation could not succeed, the matter was again listed before this Court today.

https://hcservices.ecourts.gov.in/hcservices/

3. Considering the facts and circumstances of the case, we find that it is a matrimonial dispute, for which, the Habeas Corpus Petition is not a remedy. Accordingly, the Habeas Corpus Petition is closed. However, the petitioner is at liberty to approach the appropriate forum in the manner known to law. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District Thoothukudi.

2.The Inspector of Police Murappanadu Police Station Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in H.C.P.(MD)No.1282 of 2017 Dated: 08.12.2017 RR JM/MR/SAR 1/05.01.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/