Petitioner filed a Writ of Habeas Corpus to produce wife, missing since 2010. Wife appeared voluntarily, citing matrimonial disagreements and husband's harassment. Court advised counseling instead of coercive production.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.04.2011 CORAM:
THE HONOURABLE MR.JUSTICE S.RAJESWARAN and
THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI
Habeas Corpus Petition(MD)No.217 of 2011
John Joseph .. Petitioner
Vs.
1.The Superintendent of Police, Trichy, Trichy District.
2.The Inspector of Police, All Women's Police Station, Manaparai, Trichy District.
3.Manavan .. Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus directing the respondents to produce the body of the wife of the petitioner namely Regina Marry, aged about 40 years, before this Court and set her at liberty.
For Petitioner : Mr.K.K.Samy For Respondents : Mr.P.N.Pandidurai, Addl.Public Prosecutor for R1 and R2 Mr.A.P.Balasubramanian for Women's Educational Trust, Madurai.
O R D E R (Order of the Court was made by S.RAJESWARAN, J.)
The petitioner has filed this HCP to trace his wife by name Regina Marry, who is about 47 years old, said to be missing from 19.07.2010. They got married before 20 years and they have two sons, namely Arul Jayaseelan aged about 19 years, and James Peter aged about 17 years. Since the petitioner suspected the fidelity of his wife when he was out of India working, the detenu/his wife quarelled with him and went away.
2.Since the whereabouts of the detenue/his wife, is not known, a complaint was given to the respondent-Police. Since no action has been taken, he has filed the present HCP.
3.On notice, the detenue appeared herself before the respondentPolice who has brought her today before this Court.
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4.When we interviewed the detenue who is aged about 47 years, she has stated that because of the torture and harassments meted out by her husband/the petitioner herein, she has left the house voluntarily and now she is at the Women's Educational Trust, K.K.Nagar, Madurai from December 2010 onwards. She is also working there and being paid. She is said to be comfortable in the women's home and she does not want to live with the petitioner any longer.
5.We also interviewed the President of the Trust, namely, Ms.Pasuvalthi, who is present before this Court. In this Trust only, the detenue is housed and working. The Trust is also represented by a counsel. We advised her to take care of the detenue and also explore the possibility of reproachment between them by referring them to proper counselling, as this being a matrimonial dispute.
6.We also interviewed the petitioner-John Joseph and appraised him of these details. We understand that he has developed certain amount of suspicion over her character during his absence. According to him, his wife/the detenue herein, is having some illicit relationship with some third party and because of that, she has left the matrimonial home. But this is being denied by the detenue.
7.Be that as it may, the detenue, being a 47-year old lady, and she is presently residing in the Trust, run for the benefit of the women of this kind on her own wish, we do not want to go further into this matter, excepting suggesting the detenue and the petitioner for counselling.
8.The petitioner's counsel and the Trust are advised to take steps in this regard as that would help the reunion of the family, as they have two grown-up boys.
9.This HCP is disposed of on the above terms. The counsel on either side are suitably advised to expedite the counselling procedures between the petitioner and the detenue/his wife.
KM Sd/Assistant Registrar[CO]
/True copy/
Sub Assistant Registrar
To
+1 cc to Mr.S.Muthukannan, Advocate SR.No.12848.
RPB 25.04.2011
HCP(MD)No.217 of 2011 DATED:05.04.2011
2 issues framed by the court
Whether the writ court should direct production of the wife in a matrimonial dispute where she voluntarily resides at a Women's Educational Trust.
Whether the court should recommend counseling to reunite the estranged couple.
1 provisions across 1 enactments
John Joseph
Superintendent of Police
Inspector of Police
Ms. Pasuvalthi
Women's Educational Trust
S. RAJESWARAN
G.M.AKBAR ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
