Vishwanathan v. The State Of Tamilnadu, Represented By The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/10/2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR Vishwanathan, ... Petitioner Vs.
1. The State of Tamilnadu, Repr, Esented by the Superintendent of Police, Pudukkottai District, Pudukkottai..
2. The State of Tamilnadu, Repr, Esented by the Inspector of Police,, Malaiyur Police Station, Pudukkottai District..
3. Moorthy
4. Muthu Lakshmi
5. Kaviyara ... Respondents (R5 is deleted by order of the Court dated 16.10.2025) PRAYER :- This petition is filed under Article 226 of the Constituion of India to issue a Writ of Habeas Corpus by directing the respondents to produce the body or person of the detenue by name Raghavi, W/o. Viswanathan, Female, Aged 26 years, before this Honble Court and consequently set the detenu at liberty. 1/5
For Petitioner : M.Pitchai Muthu, Advocate.
For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor For R3 : Mr.D.Ramesh Kumar
ORDER
This petition has been filed complaining the wife of the petitioner whom the petitioner had married on 12.08.2025 has been missing on and from 02.10.2025.
2. Even in the affidavit it had been stated that the respondents 3, 4 and 5 had forcibly taken away the wife of the petitioner from her marital house. The respondents 3 and 4 are the parents of the detenue and the fifth respondent is her brother-inlaw. He is now residing in Abudhabi and he is not a necessary party. Therefore, the Registry is directed to delete the fifth respondent before issuing the order copy.
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3.The second respondent had produced the detenue. We had examined her. She admitted the marriage with the petitioner but stated that she would only go with her father, who is now present before this Court. She is firm in her decision. The petitioner may take a decision in respect of the issues between him and his wife. Since the detenue is produced and she is willing to go with the third respondent/father, she cannot be said to be in illegal confinement. Hence, this petition is closed.
(C.V.K., J) (R.V., J) 16.10.2025 CM 3/5
TO
1. The State of Tamilnadu, Repr, Esented by the Superintendent of Police, , Pudukkottai District, Pudukkottai..
2. The State of Tamilnadu, Repr, Esented by the Inspector of Police,, Malaiyur Police Station, Pudukkottai District..
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C.V.KARTHIKEYAN., J AND R.VIJAYAKUMAR., J.
CM
ORDER
IN HCP(MD) No.1237 of 2025 Date : 16/10/2025 5/5