In this habeas corpus petition, the petitioner sought production of his wife from the custody of the third respondent. The court noted the detenue stated she was living voluntarily with her mother and directed her release, closing the petition.
The detenue was set at liberty and the habeas corpus petition was 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2020
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
and
The Hon'ble Mr. Justice D.KRISHNAKUMAR
H.C.P. No. 1947 of 2020
K.Gnanamoorthy ... Petitioner
Vs.
1.The Superintendent of Police,
Cuddalore District,
Cuddalore.
2.The Inspector of Police,
Vadalure Police Station,
Kurinjipadi Taluk,
Cuddalore - 607 303.
3.Govinthammal ... Respondents
Petition filed under Article 226 of the Constitution of
India praying for a Writ of Habeas Corpus directing the second
respondent herein to produce the body and person of the
petitioner's wife by name Nandhini, major, aged about 26 years,
before this Court from the custody of the third respondent and
set her at liberty.
For Petitioner : Ms.S.Punitha Devakumar
For Respondents Mr.R.Prathap Kumar,
: Addl. Public Prosecutor
for R1 and R2
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
Seeking a direction to the second respondent to produce the body and person of the petitioner's wife by name Nandhini before this Court from the custody of the third respondent and set her at liberty, the present habeas corpus petition has been filed.
3.Learned Additional Public Prosecutor submitted that the present petition has been filed on the very next day, after giving the complaint. An FIR was registered and enquiry was conducted by calling both the petitioner and the detenue. In the enquiry, the petitioner has acknowledged the fact that he was married earlier. The petitioner has also given a statement that the detenue, after knowing that the petitioner was already married, went with her mother. However, the said factum has been suppressed in the present petition.
4.The detenue is present today. She has also stated that she
is voluntarily, on her own, living with her mother/third
respondent.
5.In view of the same, the detenue is set at liberty and
this habeas corpus petition stands closed.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
mmi/ssm
To
1.The Superintendent of Police,
Cuddalore District,
Cuddalore.
2.The Inspector of Police,
Vadalure Police Station,
Kurinjipadi Taluk,
Cuddalore - 607 303.
3.The Public Prosecutor,
High Court, Madras.
H.C.P. No. 1947 of 2020
mp[co]
srg 14/12/2020
1 issue framed by the court
Whether the petitioner's wife Nandhini was detained illegally and required to be produced before the court under writ of Habeas Corpus.
1 provisions across 1 enactments
K.Gnanamoorthy
The Superintendent of Police, Cuddalore District, Cuddalore
The Inspector of Police, Vadalure Police Station, Kurinjipadi Taluk, Cuddalore
Govinthammal
M.M.SUNDER SH
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
