Madras High CourtHCP(MD)/1174/2016dismissed

Subramanian v. The Superintendent Of Police

2016-09-15Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.09.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P(MD)No. 1174 of 2016 Subramanian .. Petitioner vs.

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

2.The Inspector of Police, Thisayanvilai Police Station Tirunelveli District 3.The Inspector of Police All Women Police Station Salem, Salem District.

4.Kalarani 5.Senthil 6.Arumugarajan .. Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus to direct the respondents 1 to 3 herein to secure the wife of the petitioner namely Bavani, aged about 20 years, from the illegal custody of the respondents 4 to 6 herein and produce the body of the detenue before this Court and set her at liberty.

For Petitioner :Mr.R.J.Karthick For Respondents :Mr.A.Ramar Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the husband of one Mrs.Bhavani. According to him, marriage took place between him and Bhavani on 29.04.2016. But, according to the petitioner, she is illegally detained by the mother of the detenue, the 4th respondent herein. https://hcservices.ecourts.gov.in/hcservices/

2. Today, when the Habeas Corpus Petition is taken up for hearing, the detenue was produced by the third respondent. The 4th respondent has also made her appearance before this Court. The petitioner is also present along with his counsel. When we enquired the detenue, she has stated that she is not willing to go with the petitioner, but she would like to go only with her mother, the 4th respondent herein. She further submitted that she has not been illegally detained. When this was pointed out by the learned counsel for the petitioner, the petitioner stated that he would work out his remedy before the civil Court. The said statement is recorded.

3. Accordingly, this petition is dismissed, leaving it open for the detenue to choose her own way of life.

Sd/- Assistant Registrar (As) /True Copy/ Sub Assistant Registrar RR To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Thisayanvilai Police Station Tirunelveli District 3.The Inspector of Police All Women Police Station Salem, Salem District.

+1 cc to Mr.R.J.KARTHICK,Advocate, Sr.No: 52999 JAM/SKS-RR/27.09.16 /2P-5C HCP.(MD)No.1174 of 2016 15.09.2016 https://hcservices.ecourts.gov.in/hcservices/