In a Habeas Corpus petition filed by a husband for custody of his wife, the Court held that as the wife recently delivered a child and is with her own mother, no illegal detention exists. The petition is closed without issuing a writ.
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 : 01.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.1275 of 2017
Anto Sathish
... Petitioner
-vs-
4.Eskalin ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue of a writ of Habeas Corpus to direct the 1st to 3rd Respondents to produce the person or body of detenu namely Antony Haisinth Penoj, wife of Anto Sathish aged about 23 years and her child before this Court and set her at liberty.
For Petitioner : Mr.S.Selvakumar For R1 to R3 : Mr.T.Mohan Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
The petitioner seeks custody of his wife being the detenue.
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Assistant Registrar(RTI)
/True Copy/
Sub Assistant Registrar
To:
AM/CP
VB/SV/MMS/SAR3/14/09/2017/2P/5C
H.C.P.(MD) No.1275 of 2017
01.09.2017
1 issue framed by the court
Whether the Habeas Corpus petition filed for custody of a detenue (petitioner's wife) is maintainable.
Anto Sathish
The Superintendent of Police, Tirunelveli District
The Inspector of Police, Koodankulam Police Station
The Sub Inspector of Police, Koodankulam Police Station
Eskalin
M.M. Sundresh
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
