In a Habeas Corpus petition filed by the wife to produce her husband, the court recorded that both parties desire divorce by mutual consent and the husband resides in the USA, leading to the closure of the petition.
Petition closed with liberty to seek a consent decree for divorce.
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: 29..07..2019
CORAM
The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR
Habeas Corpus Petition No.753 of 2019
A.Ganesh
... Petitioner
-Versus-
1.The Commissioner of Police,
EVK Sampth Road,
Vepery, Chennai.
2.The Inspector of Police,
H-8, Thiruvottiyur Police Station,
Chennai 600019.
3.The Inspector of Police,
K-5, Pervallur Police Station,
Chennai 600 082.
4.Karthikeyan
... Respondent
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of the petitioner's wife Kalaiarasi, aged 32 years, before this court and set her liberty.
ORDER
[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is the wife of the detenue - Kalaiarasi. He has come up with this petition seeking a direction to the respondents 1 to 3 for production of the detenue.
ACCENTURE LLP C/o Jannette Sanchez, Fragomen Del Rey Bernsen & Loewy LLP, 333, W.Wacker Dr FLR 15, CHICAGO IL 60606
Thus, while recording the statement made on behalf of the petitioner and the detenue, we close this petition giving liberty to them to seek for consent decree for divorce.
Sd/Assistant Registrar (CS-VIII) //True Copy//
Sub Assistant Registrar
kmk
To
1.The Commissioner of Police, EVK Sampth Road, Vepery, Chennai.
2.The Inspector of Police, H-8, Thiruvottiyur Police Station, Chennai 600019.
3.The Inspector of Police, K-5, Pervallur Police Station, Chennai 600 082.
+1cc to Mr.N.Valliamma Advocate, S.R.No.64525
RR(CO) CB(04/09/2019)
H.C.P.No.753 of 2019
1 issue framed by the court
Whether a Habeas Corpus petition filed by a wife to secure the liberty of her husband is maintainable when both parties express willingness for mutual consent divorce and the husband resides abroad.
1 provisions across 1 enactments
A. Ganesh
Kalaiarasi
Commissioner of Police
Inspector of Police
Karthikeyan
M.M.Sundresh
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
