In a writ petition under Article 226 seeking habeas corpus for the petitioner's wife, the High Court found the wife voluntarily left her matrimonial home. The Court held it cannot direct a major adult to return to her husband and disposed of the petition, leaving her to decide her future.
Writ of Habeas Corpus dismissed; detenue set at liberty.
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 09.04.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
HCP.No.393 of 2019
M.Chandrasekar .. Petitioner
Versus
State by
1.The Superintendent of Police
Tiruvallur District.
2.The Deputy Superintendent of Police,
Tiruttani, Tiruvallur District.
3.The Inspector of Police,
Kanakkammachatram Police Station,
Tiruvallur District. .. Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to direct the 3rd respondent herein to produce the petitioner's wife Vennila aged 40 years before this Court and set her at liberty.
For Petitioner : Mr.R.Ramesh For Respondents: Mr.C.Iyyappa Raj Additional Public Prosecutor ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
The petitioner is the husband of the detenue, namely Vennila and according to him, he got married the detenue in the year 2006 and out of wedlock, two female children were born to them and they are aged about 13 and 11 years respectively. It is the specific case of the petitioner that on 08.10.2018, the detenue left the matrimonial home and she did not return and despite his best efforts, she could not be traced and therefore, he lodged a complaint on the file of the 3rd respondent on
10.10.2018. It is also the specific allegation that the detenue also took valuable jewels and cash and eloped with one Prakash.
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
sk
To
4.The Public Prosecutor
High Court, Madras.
+1cc to Mr.R.Ramesh, Advocate SR.No.34896
HCP.No.393 of 2019
GP(CO)
GMY(27/05/2019)
2 issues framed by the court
Whether the Court can direct a 40-year-old detenue, who voluntarily left her home, to return to her husband in a Habeas Corpus petition.
Whether the wife in a domestic dispute context, being of age and stating she left voluntarily, should be ordered to join her husband.
1 provisions across 1 enactments
M. Chandrasekar
State
M. SATHYANARAYANAN
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
