Habeas Corpus petition filed under Article 226 seeking release of petitioner's wife and daughter. Court found detention arose from family dispute with no illegality and mediation failed, closing the petition.
Habeas Corpus Petition held closed.
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: 31.10.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P[MD]No.794 of 2018
C.Sivakumar : Petitioner
Vs.
3.Neelakandan
4.Sugumaran : Respondents
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 body or person of detenu, petitioner's wife namely Anitha aged about 30 years and petitioner's daughter namely Sabishree aged about 5 years before this Court and set them at liberty.
For Petitioner : Mr.K.Sathiya Singh For Respondents 1&2 : Mr.K.Dinesh Babu Additional Public Prosecutor.
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
It appears that there is a family dispute between the parties. Therefore, we do not find any illegal detention. It also appears that the Mediation has failed and the Mediation report is produced before this Court.
2.In such view of the matter, this Habeas Corpus Petition is closed.
Sd/-
Assistant Registrar(RTI)
/True Copy/
Sub Assistant Registrar(CS-II)
2
To
ORDER MADE IN H.C.P[MD]No.794 of 2018 31.10.2018
1 issue framed by the court
Whether to issue a Writ of Habeas Corpus directing respondents to produce the petitioner's wife and daughter who are alleged to be illegally detained.
1 provisions across 1 enactments
C.Sivakumar
Superintendent of Police, Kanyakumari District, Nagercoil
Inspector of Police, Thuckalay Police Station, Kanyakumari District
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
