Soundarraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Soundarraj ... Petitioner -vs1.The Superintendent of Police Thoothukudi District Thoothukudi 2.The Superintendent of Police Madurai District, Madurai 3.The Inspector of Police Meignanapuram Police Station Thoothukudi District 4.The Inspector of Police Subramaniyapuram Police Station Madurai, Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the body of detenue / petitioner's wife by name Prashanthi (age 21 years) before this Court and set her at liberty. For Petitioner :

Mr.V.Rajiv Rufus For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents to produce his wife, namely Prashanthi, aged 21 years, before this Court and set her at liberty.

2. It is the case of the petitioner that he married the detenue on 01.09.2020 at Arulmigu Mutharamman Thirukovil, Kanthapuram, Thoothukudi District and she left the matrimonial home on 06.10.2020 and now, she is kept in illegal detention of her parents.

3. Today, when the matter is taken up for hearing, the 1/3

petitioner as well as the detenue appeared before this Court through Video Conferencing from the Office of the Public Prosecutor. On enquiry, the detenue admitted that she married the petitioner on 01.09.2020, however, she is not willing to go with the petitioner.

4. The learned counsel appearing for the petitioner submitted that the petitioner is a daily wage earner and with his hard-earned money, he provided some articles to his wife / detenue.

5. In reply, the detenue stated that the jewels were not provided by her husband / petitioner, but his relatives.

6. In the light of the above statements of the detenue, no further adjudication is required in this habeas corpus petition and the same is, therefore, dismissed. However, liberty is given to the petitioner to workout his remedy before the competent Civil Court in the manner known to law.

Sd/- Assistant Registrar (P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

Krk To:

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

2.The Superintendent of Police, Madurai District, Madurai.

3.The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

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4.The Inspector of Police, Subramaniyapuram Police Station, Madurai, Madurai District.

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

05.11.2020 MR(CO) KK(11.11.2020) 3 P 6C 3/3