Abdul Rahman v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD)No.464 of 2025 Abdul Rahman .. Petitioner /Husband of Detenu Vs.

1.The State of Tamilnadu Rep By, The Inspector of Police, Elayankudi Police Station, Sivagangai.

2. The State of Tamil Nadu, Represented by the Inspector of Police, C1 Flower Bazar police Station, Chennai.

3. Jam Jumana Mahujabin

4. Afzal Khan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 1st respondent police to produce the person alive or their body of Mrs.Alshifana Asik Nainar aged about 26 years, W/o.Abdul Rahman and Miss.Khadija aged about 10

months, D/o.Abdul Rahman, before this Hon'ble Court from the illegal custody of the respondents 3 and 4 set them at liberty. For Petitioner : Mr.S.Ramesh For Respondents : Mr. E.Antony Sahaya Prabahar Additional Public Prosecutor, for R-1 & R-2

ORDER

DR.G.JAYACHANDRAN, J.

AND R.POORNIMA, J.

The Husband of detenu is before this Court for issuance of Habeas Corpus Petition to bring his wife died or alive along with minor child.

2. Today, when the matter taken up for hearing, the Learned Additional Public Prosecutor submitted that due to the ill-treatment by the petitioner, his wife has separated from him and is presently living with her mother along with their minor child. She has reported to the Inspector of Police, Elayankudi Police Station, that she is not willing to reunite with her

husband due to the ill-treatment and that she is taking necessary judicial recourse to protect her rights.

3. Taking note of the fact that the wife and child of the petitioner are alive and are not willing to reunite with the petitioner, it is for the petitioner to seek redress before the appropriate forum.

4. With the above observations, this Habeas Corpus Petition stands dismissed.

[G.J., J.] & [R.P., J.] 24.04.2025 NCC :Yes/No Index:Yes/No Internet:Yes/No KSA To

1. The Inspector of Police, Elayankudi Police Station, Sivagangai.

2. The Inspector of Police, C1 Flower Bazar police Station, Chennai.

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

DR.G.JAYACHANDRAN, J.

and R.POORNIMA , J.

KSA H.C.P.(MD)No.464 of 2025 24.04.2025