The Madurai Bench of the Madras High Court disposed of a habeas corpus petition. The petitioner sought liberation of his wife and minor child. The court found no grounds for relief as the detenue voluntarily left the matrimonial home with the child. The petition was closed.
Habeas Corpus Petition closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.02.2011
CORAM:
THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN AND THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM
H.C.P. (MD) No.81 of 2011
A. VELLAICHAMY S/O. ALAGARSAMY NAIDU K.M.K. ILLAM JAKKAMPATTY AANDIPATTY POST THENI DISTRICT.
.. PETITIONER
Vs
2 THE INSPECTOR OF POLICE C5 KARIMEDU POLICE STATION MADURAI CITY. 3 R.PREMKUMAR S/O.R.RAJENDRAN SHANTHI RICE MILL COMPOUND JAKKAMPATTI AANDIPATTI POST THENI DISTRICT.
4 R. RAJENDRAN S/O. RAJU SHANTHI RICE MILL COMPOUND JAKKAMPATTI AANDIPATTI POST THENI DISTRICT.
5 R. KESAVAN S/O. RAJU SHANTHI RICE MILL COMPOUND JAKKAMPATTI AANDIPATTI POST THENI DISTRICT.
6 SHANTHI W/O. ANGURAJ NO.3 NEGENDRAN STREET KARTHIKEYAN NAGAR https://hcservices.ecourts.gov.in/hcservices/ MADURAVAYAL CHENNAI. .. RESPONDENTS
2
Prayer: Petition filed under Article 226 of the Constitution of India for the issue of a Writ of Habeas Corpus to produce the body and person of the detenue Saravana Pirya, aged 25 years W/o.A.Vellaichamy, Jakkampatti, Theni District, and minor V.Sathana Eswari, aged 5 years, before this Court and to set them at liberty.
For petitioner : Mr.G.Nahalingam For respondents-1 and 2 : Mr.D.Isaac Manuel Additional Public Prosecutor For respondents-3 to 6 : Mr.Shanmugarajasethupathi
ORDER
(Order of the Court was made by CHITRA VENKATARAMAN,J.)
The detenue appeared before this Court along with the minor child. On enquiry, the detenue expressed her desire not to join her husband. Already proceedings are pending at the instance, under the Dowry Prohibition Act.
In the result, this Habeas Corpus Petition is closed. No costs.
ksv Sd/Deputy Registrar[Accounts]
/True copy/
To Assistant Registrar
1 THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE MADURAI.
2 THE INSPECTOR OF POLICE
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
H.C.P.(MD) No.81 of 2011
Dated: 04.02.2011
2P/5C
RPB 23.02.2011 https://hcservices.ecourts.gov.in/hcservices/
2 issues framed by the court
Whether a Writ of Habeas Corpus should be issued to produce the body of a detenue who voluntarily left the matrimonial home.
Whether grounds exist to grant relief in a habeas corpus petition filed by a husband against his wife and child.
1 provisions across 1 enactments
A. Vellaichamy
Commissioner of Police
Inspector of Police C5 Karimedu
R. Premkumar
R. Rajendran
R. Kesavan
Chitra Venkataraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
