M.Prabu v. the State Rep by
Case brief
What is this about?
In a habeas corpus petition filed by a husband for the production of his wife, the High Court noted that she produced before the Court, denied the marriage as it was against her wish, and filed a suit for declaration of no valid marriage. The Court closed the petition and advised the husband to contest her civil suit.
What did the court decide?
Petition closed; liberty granted to petitioner to contest the declaration suit filed by the detenue.
What the court decided
A compact analysis
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.08.2014
CORAM
THE HONOURABLE MR . JUSTICE S.RAJESWARAN
AND
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
HCP.No.1680/2014
M.Prabu ..Petitioner
Versus
1. The State rep by
The Superintendent of Police
Superintendent Office
Thiruppur.
2. The State rep by
The Inspector of Police
Udumalpet
Thiruppur District.
3. N.Raja ..Respondents
Prayer:Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus, directing the respondents herein to produce the body or person of the detenu by name Dhanalakshmi aged about 26 years before this Court and set her at liberty.
For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.M.Maharaja, A.P.P. for R1 Mr.V.Venkadasalam, for R3
ORDER
Issues for consideration
3 issues framed by the court
Whether the petition for habeas corpus can be maintained where the detenu contests the alleged marriage and has filed a civil suit for declaration of no marriage.
Whether the petitioner should contest the marriage declaration suit instead of relying on habeas corpus.
How the petition is to be disposed of upon production of the detenu who denies the marriage.
Parties & counsel
- petitioner
M.Prabu
- respondent
The State rep by The Superintendent of Police
- respondent
The State rep by The Inspector of Police
- respondent
N.Raja
Coram
Case details
As recorded by the court registry
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