A writ petition under Article 226 seeking Habeas Corpus for the petitioner's wife and son was dismissed. The Court found no illegal custody as divorce and conjugal rights proceedings were pending between the spouse.
The prayer for issuing a writ of Habeas Corpus directing production of the wife and son was rejected.
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.
H.C.P.(MD) No.374 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.374 of 2022
Senthil Murugan ... Petitioner/Husband of the detenue
Vs.
Theni.
2.The State by the Inspector of Police, Gudalur Police Station, Theni District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents to produce the body or person of the petitioner's wife, "Priya", aged about 30 years and son namely, "Sashvindev", aged about 5 years, before this Court and set them at liberty.
For Petitioner : Mr.S.Balakarthick
For Respondents : Mr.E.Antony Sahaya Prabhakar, Additional Public Prosecutor
O R D E R
R.SUBRAMANIAN, J. AND
N.SATHISH KUMAR, J.
The prayer in the Habeas Corpus Petition is to direct the respondents to produce the person or body of the detenue namely, Priya, wife of Senthil Murugan, aged 30 years, Sashvindev, Son of Senthil Murugan, aged 5 years, before this Court and set them at liberty.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
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H.C.P.(MD) No.374 of 2022
petition that the marriage between them ran into a rough weather and the proceedings for divorce as well as conjugal rights are pending before the Subordinate Court, Uthamapalayam.
custody involved in this case. Hence, this Habeas Corpus Petition is dismissed.
Sd/-
Assistant Registrar(Writs)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
rm
Note In view of the present lock down owing : to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To: 1.The Superintendent of Police, Theni District. Theni. 2.The Inspector of Police, Gudalur Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.374 of 2022 11.03.2022 nsn(CO) TR(24.03.2022) 2P 4C
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1 issue framed by the court
Whether illegal custody is involved in a case where divorce and conjugal rights proceedings are pending.
1 provisions across 1 enactments
Senthil Murugan
The State by the Superintendent of Police, Theni District
The State by the Inspector of Police, Gudalur Police Station, Theni District
R.SUBRAMANIAN
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
