Madras High CourtHCP(MD)/1106/2016dismissed

M.Kombumadathiammal, v. The Superintendent Of Police,

2016-09-06Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.1106 of 2016 M.Kombumadathiammal : Petitioner Vs.

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

2. The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

: Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents herein to produce the body and person of the petitioner's husband Balasubramanian, S/o.Baskaran, aged about 27 years and set him at liberty.

For Petitioner : Mr.G.Thiruvarut Selvan For Respondents : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.V.MURALIDARAN, J.) The petitioner is the wife of the alleged detenu, namely, Balasubramanian. She has filed this petition stating that their marriage was performed on 18.11.2012 and in the complaint, it was alleged that an effort for compromise was made in the presence of the villagers, but, that was not accepted by her husband's family and later on, they have taken the custody of her husband Balasubramanian and not permitted the petitioner to meet her husband. A complaint was lodged on 01.06.2016.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.

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3. Admittedly, it is a case of matrimonial dispute. The petitioner, being the wife, has to work out her remedy before the Family Court or any other competent Court. Therefore, no relief could be granted to the petitioner in this Habeas Corpus Petition. Accordingly, the petition is dismissed by giving liberty to the petitioner to approach the competent Court.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

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

SML TE/PV : 15/09/2016 : 2P/4C Order made in H.C.P.(MD)No.1106 of 2016 Dated:

06.09.2016 https://hcservices.ecourts.gov.in/hcservices/