M.Vinoth Raja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.678 of 2023 M.Vinoth Raja ... Petitioner /Husband of the Detenue Vs.

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

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

3.Mangalam

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the body or person of the petitioner's wife namely Abinaya D/o. Pichaimuthu, aged 19 years, the detenue before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.RMS.Sethuraman 1 & 2 Additional Public Prosecutor 1/4

For 3rd Respondent: Mr.P.R.Boomi Rajan

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This Habeas Corpus Petition has been filed seeking a direction to the respondents 1 and 2 herein to produce the body or person of the petitioner's wife namely Abinaya D/o. Pichaimuthu, aged 19 years, before this Court and set her at liberty.

2. Today when the Habeas Corpus Petition is taken up for hearing, the respondent police has produced the detenue girl. She stated before us that, she married the petitioner, however, of late he started scolding her and some time beaten her in drunken mood. Therefore, the detenue, since did not have any conducive atmosphere to live in the matrimonial home with the petitioner has left the matrimonial home to the third respondent, who is none other than the mother of the detenue.

3. Insofar as the third respondent is concerned, the detenue states that the third respondent / mother and other relatives also insisting her to 2/4

give up the marriage and come permanently to stay with the parental home. In between them i.e., the husband and the mother, the detenue girl is not able to take any decision consciously and for the time being she has been living in her Aunt's house (bghpak;kh) at Chennai, where also she cannot continue for longer time to stay, therefore, for the time being she can go and stay with her Aunt and thereafter, she will take a conscious decision as to with whom she should join.

4. The said statement made by the detenue is recorded. As she is a major, where she has to live and with whom, has to be decided by her. Hence, by recording the present statement that the detenue girl is no more in illegal custody under any one, including the third respondent, we feel that this Contempt Petition, by recording the aforestated statement, can be closed and accordingly, it is closed.

(R.S.K., J.) & (K.K.R.K, J.) 22.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No SJ 3/4

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

SJ To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

H.C.P.(MD)No.678 of 2023 22.06.2023 4/4