Appunathan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1373 of 2018 Appunathan ... Petitioner -vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Avudaiyarkoil Police Station, Pudukkottai District.

3.Vignesh ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondents herein to produce the body or person of the petitioner's wife the detenue namely Pratheeba, W/o.Appunathan, aged 24 years before this Hon'ble Court and set her at liberty. For Petitioner :

Mr.M.Suresh For Respondents 1 & 2 :

Mr.K.Dinesh Babu Additional Public Prosecutor For 3rd Respondent :

Mrs.Anjali

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has filed this petition seeking production of his wife and to set her at liberty.

2.The detenue and the petitioner are present before us. It appears the detenue is not willing to live with the petitioner. Both the petitioner and the detenue informed us that they would go for divorce.

https://hcservices.ecourts.gov.in/hcservices/ 3.In such view of the matter, while closing this Habeas Corpus Petition, we give liberty to the petitioner and the detenue to

file a petition for mutual divorce before the jurisdictional Court. As when such petition is filed, the jurisdictional Court will consider grant of divorce by taking into consideration the factum of pendency of this petition, the period for which they are living apart and in the light of the submissions recorded by us in this proceedings.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Avudaiyarkoil Police Station, Pudukkottai District.

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

+ 2 CC TO Mr.M.SURESH, ADVOCATE IN SR No. 89402 SJ TE/SV/SAR-2 : 09/11/2018 : 2P/6C H.C.P.(MD) No.1373 of 2018 08.10.2018 https://hcservices.ecourts.gov.in/hcservices/