Madras High CourtHCP(MD)/377/2017dismissed

S.Raghul v. The Superintendent Of Police

2017-03-13Honourable The Acting Chief Justice,Honourable Mr Justice T. S. Sivagnanam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2017

CORAM:

THE HONOURABLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM H.C.P.(MD).No.377 of 2017 S.Raghul : Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

3.Mohamed Ibrahim 4.Narkees Begam 5.Abdullah : Respondents PRAYER:Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a direction directing the respondents 1 and 2 to produce either the person or body of the detenue namely Ujaiba Banu, (22 years) D/o.Mohamed Ibrahim from the illegal custody of the respondents 3 to 5 before this Court and set her at liberty.

For Petitioner : Mr.M.Ashokkumar For Respondents : Mr.C.Ramesh for R1 and R2 Additional Public Prosecutor

O R D E R

[Order of the Court was made by The Hon'ble The Acting Chief Justice] The petitioner and the detenue, who is brought under police escort, have appeared before this Court. It appears that there is a matrimonial dispute between the petitioner and the detenue. https://hcservices.ecourts.gov.in/hcservices/

2. The detenue has expressed her opinion before us that she is not willing to live with the petitioner stating her incompatibility.

3. In view of the submissions made by the detenue, it is not the question of missing or absconding, rather the detenue expressed her feeling that it is not feasible for her to live with the petitioner. If there is any misunderstanding and incompatibility between the spouses, they have to work out their remedy before the Family Court concerned or before the appropriate Court. This petition is totally misconceived and as such, the same is dismissed, setting at liberty the detenue forthwith. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar jikr To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

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

+1cc to Mr.M.Ashok Kumar, Advocate Sr.No. 14568 JAM/20.03.17 /PM-PN/ 2P-5C ORDER MADE IN H.C.P.(MD).No.377 of 2017 13.03.2017 https://hcservices.ecourts.gov.in/hcservices/