The High Court dismissed a Habeas Corpus petition filed by a husband alleging his wife's illegal custody. Upon enquiry, the detenu stated she had divorced the petitioner and married another man, leading the Court to conclude the petition was not maintainable.
Petition dismissed as not maintainable.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.04.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
HCP.No.321 of 2019
P.R.Shyju .. Petitioner
Versus
1.The Commissioner of Police,
Greater Chennai City Police,
Vepery, Chennai-600 007.
2.The Inspector of Police,
E-3 Teynampet Police Station,
Teynampet, Chennai-600 018. .. Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the body of the petitioner's wife, detenue Archana w/o.P.R.Shyju aged 37 years, before this Court and set her at liberty.
For Petitioner : Mr.M.Shreedhar
For Respondents : Mr.C.Iyyappa Raj
Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
The petitioner claims to be the husband of the detenue and came forward to file this Habeas Corpus petition alleging that the detenue namely P.R.Shyju, aged about 37 years is in the illegal custody of her parents.
(i) On enquiry conducted with the neighbours of the detenue and her parents' house where they are living at T.Nagar, Chennai, I came to know that presently they were not available at the said house and the detenue got married with another person and thereafter all of them went to karnataka.
(ii) CDR report of mobile numbers belonging to the detenue and her parents 9160494278/8939478196 reveal that the said mobiles are being used and tower location shows nearby Karwar Port located in Karnataka.
(iii) On 23.03.2019, I tried to contact the detenue, but she did not pick up. Thereafter I have contacted her through mobile phone with regard to the complaint made by the petitioner and received a reply on 24.03.2019 wherein she sent a divorce order copy passed by the Learned II nd Additional Principal Judge, i/c of 1st Additional Family Court, Chennai filed by the detenue in O.P.NO.1903/2016 dated 29.11.2016 and also sent a letter tot he Sub Inspector of Police, stating that after divorce she has got married one Kirankumar 2 years back and have a kid and residing in Karnataka state.
[
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
sk
To
1.The Commissioner of Police,
Greater Chennai City Police,
Vepery, Chennai-600 007.
2.The Inspector of Police,
E-3 Teynampet Police Station,
Teynampet, Chennai-600 018.
3.The Public Prosecutor
High Court, Madras.
+1cc to Mr.M.Shreedhar, Advocate, S.R.No.31941
HCP.No.321 of 2019
NA(CO)
vkr(24/05/2019)
2 issues framed by the court
Whether a Habeas Corpus petition filed by the husband alleging illegal custody of his wife is maintainable when the detenu is stated to have divorced the husband and married another person.
Whether the complaint of illegal detention survives purely on the petitioner's claim without independent evidence when the detenu has clarified her marital status to the police.
1 provisions across 1 enactments
P.R. Shyju
Archana w/o P.R. Shyju (called detenue in petition) / detenue
Commissioner of Police, Greater Chennai City Police
Inspector of Police, E-3 Teynampet Police Station
M. ATHYANARAYANAN
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
