P.Sabari v. The Superintendent Of Police

H.C.P.(MD) No.1203 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1203 of 2021 P.Sabari ... Petitioner/Husband of the detenue -vs1.The Superintendent of Police, Karur District, Karur.

2. The Inspector of Police, All Women Police Station, Karur.

3. The Sub Inspector of Police, All Women Police Station, Karur.

4. Krishnamoorthy

5. R.Vinoth ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 to 3 herein to secure the petitioner's wife/detenue namely Kaushika, aged about 21 years, from the illegal custody of the respondents 4 and 5 and produce her before this Hon'ble Court and set her at liberty.

For Petitioner :

Mr.V.Balaji For Respondents :

Mr.S.Ravi Standing counsel for State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's wife by name Kaushika, aged about 21 years, is in illegal custody of the fourth respondent/father and fifth respondent/maternal uncle of the detenu, the present Habeas Corpus Petition has been filed.

2. Today, the detenu is produced before this Court. On enquiry, she has stated that she got married to the petitioner and she is doing final year Fashion Technology and on 13.08.2021, after marriage her parents forcibly taken her to the parental house. Now, she wants to go with the petitioner.

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H.C.P.(MD) No.1203 of 2021

3. The mother of the detenu present before this Court and stated that, the detenu has some neurological problem and the petitioner did not take care of the detenu properly. The petitioner also present before this Court and stated that he is an agriculturist, apart from that, he is also doing financial business, and he fully aware of the health condition of the detenu and he will take care of her properly.

4. Considering the submission that the detenu had already married the petitioner and she is willing to go with her husband, she is set at liberty and the Habeas Corpus Petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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.

To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, All Women Police Station, Karur.

3.The Sub Inspector of Police, All Women Police Station, Karur.

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

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