S. Shanmuga Sundaram v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2019

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE N.ANAND VENKATESH H.C.P(MD)No.1130 of 2019 S.Shanmuga Sundaram

...Petitioner/Detenue of Father on Law

Vs.

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

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

3.The State rep by The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.

4.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

5.N.Darmalingam 6.T.Malairajan 7.Saravanan 8.Ramesh 9.Sasi

...Respondents

PRAYER: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, directing the respondents 1 to 4 to secure the detenu or their corpus namely Uma Maheswari who is my daughter in law aged about 29 years and Muthukrishnan, who is my grandson aged about 7 years, they are permanently residing at 991/2 (1), Ganapathy Street, Pasiyapuram Village, Keeladi Panchayat, Thiruppuvanam Taluk, Sivagangai District and subsequently, produce them before this Court and later hand over their custody to him forthwith.

For Petitioner : Mr.J.Sankarapandian For Respondents : Mr.K.Dinesh Babu Addl. Public Prosecutor 1/3

O R D E R

S.VAIDYANATHAN, J.

AND N.ANAND VENKATESH, J.

Both the detenus were produced before this Court. The name of the mother is Uma Maheswari and her son's name is Muthukrishnan. We have examined both of them and it was stated by Uma Maheswari that she was subjected to cruelty and therefore, she is not willing to live in the matrimonial home and she also does not have the support of her parents. Therefore, she has decided to live along with her son and support him by doing some work. She has stated that she is now living with her son at Meenjur, Chennai and she is going for some work. She has taken house on rental basis and she has admitted her son in a Government School.

2.Taking into consideration the above facts, no further orders can be passed by this Court and if at all there is any matrimonial dispute, the same can be agitated only before the appropriate forum and this Court will not have the jurisdiction to deal with the same.

3.Accordingly, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) Ns To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

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

3.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.

2/3

4.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

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

+1CC TO MR.J.SANKARAPANDIAN, Advocate Sr. No. 97225 ORDER MADE IN H.C.P(MD)No.1130 of 2019 08.11.2019 AL(CO) TR(03.12.2019)3P 7C 3/3