Radhika v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA Radhika ... Petitioner -vs1.The Superintendent of Police, Thoothukudi District.

2.The State of Tamil Nadu Rep. by the Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

3.The State of Tamil Nadu Rep. by The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the body or person of the Tamil Selvan, S/o.Chandran, aged about 29 years before this Court and set him at liberty.

For Petitioner :

Mr.S.Ashok For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) This Habeas Corpus Petition has been filed for a direction directing the respondents to produce the petitioner's husband before this Court.

2. The petitioner married the detenu on 15.09.2024. Due to their wedlock, they gave birth to a female child. While being so, the petitioner's husband was missing from 16.04.2025. Therefore, the petitioner lodged a complaint before the third respondent and the third respondent issued a C.S.R.No.97 of 2025. On enquiry, the third respondent found that the husband of the petitioner eloped with another major girl by name Revathi. That apart, the parents of the said Revathi has also lodged a complaint and the same was registered in Cr.No.55 of 2025, on the file of the Alwarthirunagari Police Station, Tuticorin District

under 'Woman Missing'. Further, it is also seen that there is a matrimonial dispute between the petitioner and the detenu.

3. In view of the above, the husband of the petitioner is not in illegal custody of anybody and as such, the habeas corpus petition is not maintainable. Accordingly, this habeas corpus petition is dismissed with liberty to the petitioner to proceed her issues before the appropriate Court.

[G.K.I., J.] [R.P., J.] 16.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No

To 1.The Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

3.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 16.12.2025