This was a Writ of Habeas Corpus petition filed by a husband seeking the release of his wife and minor daughter from the custody of his brother. The Court held that the wife eloped voluntarily and the remedy lies in Family Court, dismissing the 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2017
CORAM:
THE HONOURABLE MS.INDIRA BANERJEE, THE CHIEF JUSTICE AND
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
H.C.P(MD)No.900 of 2017
T.Sermadas
... Petitioner
Vs.
PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the corpus or bodies of the petitioner's wife, namely, Madathi @ Jeya, wife of Sermadas, aged 32 years, and minor daughter, namely, Gobiya Suji, daughter of Sermadas, aged 7 years, before this Court by rescuing them from the illegal custody of the third respondent and set them at liberty.
For Petitioner : Ms.Akarathi For Respondents : Mr.T.Mohan Additional Public Prosecutor for R.1 & R.2
ORDER
(Order of the Court was made by The Hon'ble The Chief Justice)
In this writ petition, the petitioner sought for a writ of Habeas Corpus directing the respondents 1 and 2 to produce his wife, Madathi @ Jeya, aged 32 years and his minor daughter, Gobiya Suji, aged 7 years, after rescuing them from the alleged illegal custody of the third respondent, who is the brother of the petitioner.
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that the petitioner's wife eloped with the third respondent on her own free will and volition.
Sd/-
Assistant Registrar (AE)
/True Copy/
Sub Assistant Registrar
To
RSB
TE/MR-KKR/SAR-III : 05/07/2017 : 2P/4C
ORDER MADE IN H.C.P(MD)No.900 of 2017 21.06.2017
2 issues framed by the court
Whether a Writ of Habeas Corpus should issue directing the police to produce the wife and minor daughter from the custody of the third respondent.
Whether the petitioner is entitled to relief through family court proceedings for custody instead of this writ.
1 provisions across 1 enactments
T. Sermadas
The Superintendent of Police, Tirunelveli District
The Inspector of Police, Moolakkarappatti Police Station
T. Murugesan
Ms. Indira Banerjee
Mr. Justice T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
