The Madurai Bench dismissed a habeas corpus petition filed by a wife to produce her husband, alleging he was detained by the third respondent with whom she claimed he had illicit intimacy. The Court found the husband produced, denied kidnapping, and classified the case as a non-maintainable matrimonial dispute.
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: 27.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND
THE HONOURABLE MRS. JUSTICE R.THARANI
H.C.P.(MD)No.1593 of 2018
S.Majitha : Petitioner
Vs.
3.Ayshath Beevi : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the 2nd respondent to produce the person or body of the detenu, namely, A.Sahul Hammed, S/o.Abdul Salam aged 48 years detained by the third respondent before this Court and set him at liberty.
For Petitioner : Mr.C.Muthu Saravanan For Respondents : Mr.K.Dinesh Babu for R1 and R2
ORDER
[Order of the Court was made by R.SUBBIAH, J]
This Habeas Corpus Petition has been filed by the petitioner to produce her husband, namely, Sahul Hammed, aged 48 years.
https://hcservices.ecourts.gov.in/hcservices/ 3.Today, when the matter is taken up for hearing, the detenu has been produced by the respondent police. On enquiry, he has
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stated that he is not under the illegally custody of any one. He denied the allegation that he has been kidnapped by the third respondent. He further stated that this petition has been filed with false averments.
4 In view of the said submission made by the detenu, we are of the view that it is a matrimonial dispute between the husband and wife and the petitioner is trying to convert the issue of matrimonial dispute as one of illegal detention and filed this petition. Therefore, this petition is not maintainable and the same is liable to be dismissed. Accordingly, this petition is dismissed.
Sd/
Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar(CS-IV)
To
RR
SS/RSK/SAR 4/26.12.2018/2P/4C
Order made in H.C.P.(MD)No.1593 of 2018 27.11.2018
1 issue framed by the court
Whether a habeas corpus petition filed by a wife regarding her husband's alleged detention by the third respondent (who is accused of illicit intimacy) constitutes a matrimonial dispute or illegal det
1 provisions across 1 enactments
S.Majitha
Superintendent of Police, Superintendent Office Kanyakumari District
Inspector of Police, Puthukadai Police Station, Kanyakumari District
Ayshath Beevi
Additional Public Prosecutor
R.SUBBIAH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
