K.B.Prabu v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY H.C.P.(MD)No.1389 of 2018 K.B.Prabu : Petitioner vs.
1. The Commissioner of Police, Madurai District, Madurai.
2. The Inspector of Police, Theppakulam Police Station, Madurai District.
3. Prema : Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of petitioner's wife namely "Bakiyalakshmi", wife of K.B.Prabu, aged 21 years, the detenue in the present case before this Court and set her at liberty.
For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.K.Dinesh Babu 1 & 2 Additional Public Prosecutor
O R D E R
[Order of the Court was made by T.RAJA, J.] Mr.K.B.Prabhu has filed this Habeas Corpus Petition seeking a direction to the Commissioner of Police, Madurai District and the Inspector of Police, Theppakulam Police Station, Madurai, to produce his wife viz., K.Bhakiyalakshmi, aged 21 years before this Court and set her at liberty.
2.The learned Counsel appearing for the petitioner
submitted that over a period of four long years both the petitioner and the detenue had love affairs and ultimately, they have been living together at Valarnagar in Uthankudi, Madurai District. The detenue was pursuing her college education at Thiyagaraja Arts and Science College at Theppakulam, Madurai. After some time, the petitioner found some changes in the detenue's attitude. While so, in the year 2017, the detenue's mother invited both the petitioner and the detenue for a temple festival. Accepting the invitation, both of them visited the house of the third respondent. After some time, the petitioner came out leaving the detenue at her mother's place. Subsequently, when he returned to the third respondent house, the third respondent has not permitted the petitioner to see the detenue.
In view of the change in the attitude of the third respondent, the petitioner was advised to come to this Court with the aforementioned prayer. 3.After issuance of notice, the respondents 1 and 2 produced the detenue and her mother, the third respondent herein and also the petitioner. When we interrogated the detenue, although she expressed her willingness to go with the petitioner, surprisingly, the petitioner was not ready to take her back to his home. The mother of the petitioner, the third respondent herein also stated that if the petitioner is not ready and willing to take the detenue, she would take care of the detenue. It is, at this juncture, we asked Ms.Chamundi Bose, learned Advocate and Mr.K.P.
Narayanakumar, learned Advocate, to have a discussion with both the petitioner and the detenue by taking them to the Mediation and Conciliation Centre. After a detailed discussion in the presence of the third respondent, the petitioner clearly indicated that he is not willing to take back the detenue to his home.
The detenue Ms.K.Bhakiyalakshmi @ Bhavani also understanding the mind of the petitioner decided to go back to her mother's house and they have also filed a separate affidavit. The affidavit filed by the petitioner shows that he has decided to separate from Ms.K.Bhakiyalakshmi @ Bhavani and he has further averred that he will not claim any manner of right towards the detenue and also will not extend any mode of threat against the detenue Ms.K.Bhakiyalakshmi @ Bhavani. The affidavit filed by the detenue Ms.K.Bhakiyalakshmi @ Bhavani also shows that no form of marriage was solemnised between her and the petitioner. 4.The mediation report filed by Ms.Chamundi Bose and Mr.K.P.Narayanakumar, mediators, also clearly shows that both the petitioner and the detenue have admitted to separate. Since the detenue is also willing to go with her parents, accepting the affidavit filed by both the parties, the third respondent is at liberty to take her daughter Ms.K.Bhakiyalakshmi @ Bhavani to her home.
5.We place our appreciation for the assistance rendered
by Ms.Chamundi Bose and Mr.K.P.Narayanakumar, mediators, to amicably settle the issue.
6.With the above observation the Habeas Corpus Petition is disposed of.
Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (CS-IV) To
1. The Commissioner of Police, Madurai District, Madurai.
2. The Inspector of Police, Theppakulam Police Station, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 2 CC TO Mr.A.JOSEPH JERRY, ADVOCATE IN SR No. 87868 SRM TE/PM/SAR-4 : 29/10/2018 : 3P/6C Order made in H.C.P.(MD)No.1389 of 2018 Dated:- 27.09.2018