The Madurai Bench dismissed a Habeas Corpus petition filed by a petitioner to secure the release of his wife and minor daughter from alleged detention by his sister, noting the existence of a past divorce decree and directing him to seek civil remedies.
The Writ Petition was dismissed; no order of production was made.
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: 23.06.2017
CORAM:
THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
H.C.P.[MD].No.919 of 2017
A.R.Meenakshi Sundaram : Petitioner
Vs.
1.The State, rep by The Commissioner of Police, Madurai City.
2.The Inspector of Police, Tallakulam Police Station, Madurai City.
3.Smt.Gomathi @ Santhi : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's wife, by name, V.Sornalakshmi [Female, aged 47 years] and his daughter, Senbagavalli, [Female Child, aged 15 years], before this Court and set them at liberty.
[Order of the Court was made by The Hon'ble Chief Justice] This application has been filed by the petitioner seeking Writ of Habeas Corpus for production in Court of his wife - V.Sornalakshmi, who is apparently aged 47 years and his daughter, Senbagavalli, aged about 15 years.
2
petitioner and his wife, which even led to a decree of divorce way back in the year 2008.
Sd/-
Assistant Registrar(C.O)
/True Copy/
Sub-Assistant Registrar
To
1.The Commissioner of Police, Madurai City.
2.The Inspector of Police, Tallakulam Police Station, Madurai City.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+One cc to Mr.S.Balaji, Advocate, SR.No.61784 NB/rsb RL/5C/2P/KP/SAR1/7/7/2017
ORDER MADE IN
H.C.P.[MD].No.919 of 2017 23.06.2017
1 issue framed by the court
Whether a Writ of Habeas Corpus is maintainable to direct the production of the petitioner's wife and minor daughter in view of an alleged matrimonial dispute and prior divorce decree.
1 provisions across 1 enactments
A.R. Meenakshi Sundaram
The State
Commissioner of Police, Madurai City
Inspector of Police, Tallakulam Police Station
Smt. Gomathi
Indira Banerjee
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
