Madras High CourtHCP(MD)/1528/2016dismissed

M.Arunpandy, S/O Matcharaja, v. The Superintendent Ofpolice,

2016-11-15Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN HCP(MD)No.1528 of 2016 M.ARUNPANDY S/O MATCHARAJA 3/44 MAYANDY PATTI K.PULIYANKULAM CHECKANURANI THIRUMANGALAM TALUK MADURAI DISTRICT .. Petitioner Vs.

1 THE SUPERINTENDENT OFPOLICE MADURAI DISTRICT 2 THE INSPECTOR OF POLICE CHECKANURANI POLICE STATION MADURAI DISTRICT 3 JOTHIRAJAN S/O AYYAVU NO.6/986 THENI ROAD CHECKANURANI THIRUMANGALAM TALUK MADURAI DISTRICT .. Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the 2nd respondent herein to produce the person or body of the petitioner wife namely J.Sabitha age about 19 years as of the illegal custody of 3rd respondent herein before this Honourable Court and set her at liberty.

For Petitioner : M/s.M.Mahendran For Respondents : Mr.A.Ramar Additional Public Prosecutor for R1 & R2 Mr.M.Kannan for R3

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this Habeas Corpus Petition alleging that he married one Ms.Sabitha (hereinafter referred to as 'the detenu'), aged 19 years on 04.11.2016 at Thanjavur. According to him, she has been illegally detained by the third respondent, who is the father of the detenu. Therefore, he has come up with this petition.

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2. When the matter was taken up for hearing, the detenu was produced by the 2nd respondent. The third respondent and his wife also made appearance. The detenu told us that there was no marriage between her and the petitioner as alleged by the petitioner. She further told us that she wants to go back with her parents and live in the parental home. The said statement is recorded.

3. In view of the above, we are unable to grant the relief as prayed for. Accordingly, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1 THE SUPERINTENDENT OFPOLICE MADURAI DISTRICT 2 THE INSPECTOR OF POLICE CHECKANURANI POLICE STATION, MADURAI DISTRICT

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1 CC to Mr.M.MAHENDRAN, Advocate, SR No.68896 ORDER MADE IN H.C.P(MD)No.1528 of 2016 15.11.2016 RR SH/SKS-RR:30.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/