Court dismissed a habeas corpus petition. It held no illegal detention existed as divorce proceedings were pending claiming matrimonial breakdown. Liberty to plead elsewhere granted.
Petition closed; liberty to work out remedy; first Respondent to inform petitioner of enquiry.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No. 2599 of 2020
Elavarasan ... Petitioner Vs. 1.The Superintendent of Police, Office of the Superintendent of Police, Nagapattinam District. 2.The Inspector of Police, Thittachery Police Station, Nagappattinam District. 3.Arivu @ Arivazhagan, S/o.Pannerselvam, Niravy, Karaikal District. ... Respondents
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 of the petitioner's wife Udhaya, aged about 30 years, petitioner's children Kavin, aged about 9 years and Laya Anjitha, aged about 7 years, who are in the illegal custody of the 3rd respondent before this Court and set them at liberty.
For Petitioner : Ms.Greetha Senthilkumar
For RR 1 and 2 : Mr.R.Prathap Kumar Additional Public Prosecutor ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
This habeas corpus petition has been filed seeking to direct respondents 1 and 2 to produce the body of the petitioner's wife Udhaya, aged about 30 years, petitioner's children Kavin, aged
about 9 years and Laya Anjitha, aged about 7 years, who are in the illegal custody of the 3rd respondent before this Court and set them at liberty.
In such view of the matter, this habeas corpus petition is closed with liberty to the petitioner to work out his remedy in the manner known to law. The second respondent shall inform the petitioner of the course of enquiry in C.S.R.No.2 of 2021 from time to time.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
mmi/nsd To
Fort Saint George, Chennai - 9.
H.C.P. No. 2599 of 2020
jp[co]
srg 03/02/2021
1 issue framed by the court
Whether the habeas corpus petition seeking production of wife and children should be allowed when divorce proceedings are pending.
Elavarasan
Superintendent of Police, Office of the Superintendent of Police, Nagapattinam District
Inspector of Police, Thittachery Police Station, Nagappattinam District
Arivu @ Arivazhagan
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
