Court ordered production of detenue husband. Marital discord identified as valid reason for non-returns to wife. No orders passed on dowry reimbursement claims. Habeas corpus petition consigned to record.
No relief on merits; habeas corpus petition consigned to record; impleadment petition dismissed as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.12.2017
Coram
The Hon'ble Mr.Justice RAJIV SHAKDHER and The Hon'ble Mr.Justice N.SATHISH KUMAR
H.C.P.No.475 of 2017 and Crl.M.P.No.12664 of 2017
Chandrakumari .. Petitioner
Vs.
1. State rep. By
The Sub Inspector of Police,
Hosur Police Station, Hosur,
Krishnagiri District.
2. The Inspector of Police,
Hosur Police Station,
Hosur, Krishnagiri District. * .. Respondents
* R2 impleaded as per the order dated
11.07.2017 in Crl.M.P.No.8643/2017
in HCP No.475/2017
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ in the nature of Habeas Corpus, directing the respondent police to cause the production of the body and person of petitioner's husband Mallikarjuna Rao, S/o.Late Sooriyaprakash Rao, aged about 35 years, before this Court and set him at liberty.
For Petitioner : Mr.A.Balamurugan
For Respondents: Mr.V.M.R.Rajentran, Additional Public Prosecutor
O R D E R (Order of the Court was made by RAJIV SHAKDHER,J.) 1. The detenue/Mr.Mallikarjuna Rao has been produced in Court.
1.1. The the petitioner is the wife of the detenue/Mr.Mallikarjuna Rao.
2.1. The petitioner says that the detenue/Mr.Mallikarjuna Rao must, at least, reimburse the expenses incurred by her family on marriage and on dowry items.
2.2. In these proceedings, no such orders can be passed.
2.3. The petitioner will be at liberty to take recourse to appropriate proceedings, albeit, in accordance with law.
2 issues framed by the court
Whether the detenue husband should be released on the application of his wife given marital discord.
Whether the petitioner can claim reimbursement for marriage and dowry expenses in these habeas corpus proceedings.
1 provisions across 1 enactments
Chandrakumari
State represented by Sub Inspector of Police, Hosur
Inspector of Police, Hosur
RAJIV SHAKDHER
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
