Leelavathi, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2019
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.586 of 2019 Leelavathi ... Petitioner Vs.
1.State represented by The Superintendent of Police, Karur District, Karur.
2.State represented by The Inspector of Police, Palaviduthi Police Station, Karur District.
3.Chinnaiah 4.Kavitha ... Respondents Prayer : Petition 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 person or body of the detenu namely Sethulakshmi, W/o Chinnaiah, aged about 38 years, sister of the petitioner, from illegal custody of the respondents 3 and 4, before this Court and set her at liberty.
For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R.1 and R.2
ORDER
(Order of the Court was made by M.SATHYANARAYANAN,J) On 31.07.2019, this Court has passed the following order: "The petitioner is the sister of the detenue and sister-in-law of the third respondent and she would aver that her sister is subjected to physical abuse and torture at the hands of the third respondent and that apart, despite having a marital relationship with 1/3
the detenue, he has started living with the fourth respondent. The petitioner, alleging that the detenue is missing and she might have been killed or under the illegal detention of the respondents 3 & 4, came forward to file this Habeas Corpus Petition.
2. When the matter is listed today, the detenue is produced before this Court and on enquiry, she would state that the third respondent is not at all maintaining her and also their two School going children and he is having illicit intimacy with the fourth respondent, who is also a married woman.
3. The petitioner, who is the sister of the detenue, would submit that she is employed as a Teacher and she remains unmarried for the purpose of taking care of her sister and also reiterated the same, as stated by the detenue.
4. The learned Counsel for the third respondent has denied that the third respondent is having illicit intimacy with the fourth respondent and would further aver that the JCB and Tractors were purchased by availing loans. He would further state that though he has filed a petition for conjugal rights and obtained orders ex-parte, still the detenue is not prepared to join with his company.
5. When this Court has posed a specific question to the learned Counsel for the third respondent as to the obligation cast upon the third respondent to maintain his wife / detenue as well as to educate his children, the learned Counsel sought for a short accommodation to file a counter affidavit with factual particulars, especially, as to the payment of maintenance to maintain and educate the School going children.
Call on 08.08.2019, for orders."
2. This Court in continuation and in conjuncture with the earlier order dated 09.07.2019, is passing the following order. (i) The learned Counsel appearing for the third respondent would submit that the third respondent, who is the brother-in-law of the petitioner as well as the husband of the detenu, undertakes to pay a sum of Rs.2,500/-(Rupees Two Thousand and Five Hundred only) each, to maintain both children, who are under the custody of the detenu, commencing from August 2019. The said amount is 2/3
payable before 26.08.2019 and continues to pay the same, on or before 10th of every succeeding English calender month until further orders, directly to the bank account of the detenu, viz., Sethulakshmi Chinnaiyan, A/c No.917010034528112, Axis Bank, Manapparai, IFSC Code:UTIB0001563 and the detenu shall spend the same for maintenance and welfare of the children. (ii) This order is without prejudice to the rights of the either parties and the detenu is at liberty to work out her remedies in accordance with law, before the competent Forum. The detenu, being a major, sets at liberty, so as to enable her to take a call with regard to her future and well being.
3. The Habeas Corpus Petition is disposed of accordingly. Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) ssl To
1. The Superintendent of Police, Karur District, Karur.
2.The Inspector of Police, Palaviduthi Police Station, Karur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC TO MR.K.ASOK KUMAR RAM, Advocate Sr. No.80766 +1CC TO MR.R.SHANKAR GANESH, Advocate Sr. No. 80742 H.C.P(MD)No.586 of 2019 08.08.2019 MR(CO) TR (27.08.2019) 3P 6C 3/3