Duraisingam v. The District Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.318 of 2017 Duraisingam : Petitioner Vs.

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

2.The Inspector of Police, Narikudi Police Station, Narikudi, Virudhunagar District.

3.Mareeswari 4.Rajiv Gandhi 5.Balamurugan 6.Karuppaiah 7.Pitchai 8.Boomi : Respondents PRAYER: Petition is 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 three minor children, namely Gowry Malai, 7 year-old girl, Tamilarasi 6years-old girl and Malaidurai 4-years-old boy from the illegal detention of the respondents 3 to 8 and hand over them custody to the petitioner.

For Petitioner : Mr.R.Murugappan For Respondents No.1 and 2 : Mr.T.Mohan Additional Public Prosecutor For Respondent Nos.3 to 8 : No appearance

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

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2. The present Habeas Corpus Petition has been filed seeking a Writ of Habeas Corpus, directing the respondents 1and 2 to produce the body or person of the petitioner's three minor children, namely Gowry Malai, 7 year-old girl, Tamilarasi 6-years-old girl and Malaidurai 4-years-old boy from the illegal detention of the respondents 3 to 8 and hand over them custody to the petitioner. 3.Mediation Proceedings did not succeed and therefore, the matter is listed before us. On account of matrimonial discord, the parties have to approach the Family Court or other Competent Court for necessary relief.

4. In view of the above, we find that the detenu is not in illegal custody and therefore, the Habeas Corpus Petition is closed.

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

2.The Inspector of Police, Narikudi Police Station, Narikudi, Virudhunagar District.

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

ORDER MADE IN H.C.P.[MD].No.318 of 2017 27.04.2017 JM/SV/08.05.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/