High CourtHandled a Writ Petition for Habeas Corpus regarding the wife detained by petitioner. Court held she does not need to join petitioner in matrimonial dispute after stating she wished to go with parents.
No writ issue; petition disposed of holding detenue not to be forced to join petitioner.
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NC: 2023:KHC:42704-DB WPHC No.77/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE K V ARAVIND
Writ Petition (H.C.) NO. 77/2023
BETWEEN:
MR. SILAMBARASAN S, S/O MR. SUBRAMANI, AGED ABOUT 36 YEARS, R/AT No.150/162, 2ND CROSS, J.R. LAYOUT, CHELEKERE, BANGALORE-560043 …PETITIONER
(BY SMT. CHITRAJA DEVI N S, ADVOCATE)
Digitally signed by PRABHU KUMARA NAIKA Location: High Court of Karnataka
AND:
(BY SRI. ANOOP KUMAR, HCGP FOR R.1 TO R.3 R.5, 6, AND 7 ARE SERVED.)
DETENUE
SMT. THAMILARASI W/O. MR. SILAMBARASAN .S R/A NO.150/162, 2ND CROSS, J.R. LAYOUT, CHELEKERE, BANGALORE-560 043.
THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE 2ND AND 3RD RESPONDENT FOR THE BODY OF SMT.THAMILARASI, WIFE OF THE PETITIONER BEFORE THIS HON'BLE COURT AND SET AT LIBERTY.
NC: 2023:KHC:42704-DB WPHC No.77/2023
THIS WPHC COMING ON FOR ORDERS , THIS DAY, K S MUDAGAL J. , MADE THE FOLLOWING:
ORDER
Shri T.N.Ranjit, Sub-Inspector with Smt. N.Lakshmi, WHC No.7226 of Hennur Police Station, Bengaluru, produce the detenue - Thamilarasi along with the report. As per the said Report, detenue was traced in Arulapuram Village, Pallada Taluk, Tirupur District, Tamil Nadu.
NC: 2023:KHC:42704-DB WPHC No.77/2023
case, this petition does not survive for further consideration. Hence, petition is disposed of accordingly.
Sd/JUDGE
Sd/JUDGE
MV
List No.: 4 Sl No.: 1
2 issues framed by the court
Whether to issue a Writ of Habeas Corpus directing the respondents to produce the detenue.
Whether a major detenue can be forced to return to the petitioner in a matrimonial dispute.
1 provisions across 1 enactments
Mr. Silambarasan S.
Smt. Thamilarasi
State of Karnataka
Commissioner of Police Infantry Road, Bengaluru
Sub Inspector of Police Hennur Police Station
Mr. Arockiayagopi Periyanaagam
K.S. Mudagal
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
