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Madras High CourtHCP(MD)/1604/2021closed

Kartheeswari v. The Superintendent Of Police

2021-11-10Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN H.C.P.(MD) No.1604 of 2021 Kartheeswari ... Petitioner / Wife of Detenu Vs.

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

2.Sub-Inspector of Police, M.Puthupatti Police Station, M.Pudupatti.

3.Kandasamy 4.Pakkiyalakshmi 5.Karuppasamy Pandian 6.Kaleeswari ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the respondents 1 and 2 to secure and produce the body or person of the petitioner's husband, namely, Chelladurai Pandian(detenue), S/o.Thukkaiya Thevar, aged about 29 years from the 3rd to 6th respondents and produce before this Court and set her at liberty. For Petitioner : Mr.M.Ram Kumar For R1 and R2 : Mr.S.Ravi Additional Public Prosecutor 1/3

O R D E R

S.VAIDYANATHAN, J.

And DR.G.JAYACHANDRAN, J.

This Habeas Corpus Petition has been filed by the wife alleging that her husband, by name, Chelladurai Pandian, found missing from 08.10.2021.

2.It appears that the petitioner and Mr.Chelladurai Pandian got married on 24.02.2021 at Thiruparrankundram Murugan Kovil, Madurai, against the wish of the elders of the family. 3.According to the petitioner, on 08.10.2021, her husband left home and did not return back. Further, she has got reliable information that her husband has married another girl as per the wish of his parents.

4.Today, the respondent police has secured the husband of the petitioner herein/detenue. Both the petitioner and her husband/detenue are present before this Court. On enquiring the detenue/Chelladurai Pandian, it is stated that due to compulsion, he has married another girl one month back. We cannot go into those aspects in the present Habeas Corpus Petition.

5. As the detenue/Chelladurai Pandian has been secured and produced before this Court, this Habeas Corpus Petition is closed. With regard to the other relief, it is open to the petitioner to work out her remedy before the appropriate forum, in the manner known to law.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.Sub-Inspector of Police, M.Puthupatti Police Station, M.Pudupatti.

2/3

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

H.C.P.(MD)No.1604 of 2021 10.11.2021 tsk(CO) TR/SKN(25.11.2021) 3P 4C 3/3