Muthulakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH H.C.P.[MD].No.534 of 2017 Muthulakshmi : Petitioner Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

3.Malar 4.Dharmaraj 5.Raja : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the respondents 1 & 2 to produce the body or person of the detenu Savarimuthu, S/o.Nagaraj, aged 26 years before this Court and set him at liberty.

For Petitioner : Mr.N.Balakrishnan For Respondents 1&2 : Mr.T.Mohan, Additional Public Prosecutor ******

O R D E R

*********** [Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that her husband-Savarimuthu is in the custody of the respondents 3 to 5, who are none other than the mother and brothers of Savarimuthu.

2. In the considered opinion of this Court, a Writ of Habeas Corpus is not maintainable, in view of the fact that Savarimuthu is a major and is said to be living with his mother and if there is any cause of action for the petitioner, it is open to her to https://hcservices.ecourts.gov.in/hcservices/

approach the Matrimonial Court, if so advised.

3. The Habeas Corpus Petition is dismissed with the above observation.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

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

+1cc to Mr.N.BALAKRISHNAN Advocate in SR. No.54011 SML JS/SV.MMS/2P-5C/5.05.2017 ORDER MADE IN H.C.P.[MD].No.534 of 2017 Dated:

25.04.2017 https://hcservices.ecourts.gov.in/hcservices/