Madras High CourtHCP(MD)/573/2017dismissed

S.Chellapandi, v. The Superintendent Of Police,

2017-06-13Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.573 of 2017 S.Chellapandi : Petitioner Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Saanarpatti Police Station, Dindigul District.

3.Samikannu 4.Murugeswari : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus petition, directing respondents 1 and 2 to produce the body or person of the detenue/the petitioner's wife namely Durgadevi D/o. Samikkannu, aged about 22 years by saving her from the hands of 3rd and 4th respondents before this Hon'ble Court and hand over the detenue to the petitioner.

For Petitioner : Mr.R.Sivalingam For Respondents 1 & 2 : Mr.T.Mohan Additional Public Prosecutor For Respondents 3 and 4 : Mr.J.Sivaram

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] Claiming that he has exchanged ring with the detenue and he is legally married to the detenue, the petitioner wanted the detenue to be produced before this Court, who is said to be in the custody of respondents 3 and 4.

2.The learned counsel appearing for the respondents on the other hand submitted that the detenue has married to another person and it is an arranged marriage.

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3.Though the petitioner claims that the marriage has been performed, there is no document to establish that there is valid marriage between the petitioner and the detenue. Hence, the petitioner has no locus standi to maintain this Habeas Corpus Petition and the same is dismissed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Saanarpatti Police Station, Dindigul District.

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

+One cc to Mr.R.Sivalingam, Advocate, SR.No.60395 Is/sj RL/5C/2P/KP/SAR1/20/6/2017 H.C.P(MD)No.573 of 2017 13.06.2017 https://hcservices.ecourts.gov.in/hcservices/