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Madras High CourtHCP(MD)/1469/2025dismissed

Pagavathi v. The State Of Tamil Nadu

2025-12-17Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Pagavathi ... Petitioner -vs1. The Superintendent of Police Office of the Superintendent of Police, Ramanathapuram District

2. The Inspector of Police Peraiyur Police Station, Mudukulathur Taluk Ramanathapuram District

3. The Inspector of Police Tank Factory Police Station, Avadi, Avadi District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing respondents 1 and 2 to produce the person or body of the detenue by name Vadivel, S/o. Shanmugavel, aged about 40 years before this Court and set him at liberty.

For Petitioner :

Mr.K.Yasar Arafath 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 Habeus Corpus Petition has been filed to direct the respondents 1 and 2 to produce the person or body of the detenue by name Vadivel, S/o. Shanmugavel, aged about 40 years before this Court and set him at liberty.

2. The petitioner married one Vadivel in the year 2009 and thereafter they gave birth to two female children. At the time of marriage the husband of the petitioner was working as a Constable in CRPF Police at Avadi. While being so in the month of March 2025, the husband of the petitioner was found missing from the home and as such the petitioner lodged complaint before the third respondent, based on

which the third respondent registered a case in Crime No. 547 of 2025 under 'Man Missing'. Subsequently she also lodged another complaint before the second respondent. On receipt of the same, the second respondent conducted enquiry and found that the husband of the petitioner is living with another woman within the jurisdiction of the third respondent. The second respondent also enquired with the third respondent and the third respondent informed the second respondent that the husband of the petitioner is living with another woman within the jurisdiction of the third respondent. When the third respondent called the petitioner to identify her husband the petitioner has not cooperated with the third respondent.

3. In view of the same, the present Habeus Corpus Petition is not maintainable, since the husband of the petitioner is living with another woman within the jurisdiction of the third respondent.

4. Hence the Habeus Corpus Petition stands dismissed. [G.K.I., J.] [R.P., J.] 17.12.2025 NCC: Yes/No Index: Yes/No aav To

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

2. The Inspector of Police Peraiyur Police Station, Mudukulathur Taluk Ramanathapuram District

3. The Inspector of Police Tank Factory Police Station, Avadi, Avadi District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 17.12.2025