The High Court heard a habeas corpus petition seeking the release of the petitioner's wife and minor daughter from police custody. The court recorded counsel's submission that the wife filed a divorce petition, making the habeas corpus petition infructuous, and dismissed it.
The writ of habeas corpus petition was dismissed as infructuous.
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.No.1744 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
H.C.P.No.1744 of 2023
Perumal
Petitioner
vs.
3.Prakash
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 1st and 2nd respondents to produce the petitioner's wife namely Sangeetha (aged 29 years) and Minor Shalini (aged 8 years) daughter of the petitioner before this Hon'ble Court from the custody of the 3rd respondent and set them at liberty.
For Petitioner .. Mr.V.Elangovan For Respondents .. Mr.E.Raj Thilak 1 and 2 Additional Public Prosecutor
H.C.P.No.1744 of 2023
R.SURESH KUMAR, J., AND K.KUMARESH BABU, J.,
KST
O R D E R
(Order of the Court was made by R.SURESH KUMAR, J)
Learned counsel for the petitioner submits that, after filing this H.C.P., the detenue, who is none other than the petitioner's wife has given a notice that she has filed a H.M.O.P., seeking divorce. Therefore, nothing survives in this H.C.P., he contends.
infructuous.
[R.S.K, J.] [K.B., J.] 07.09.2023
KST
To
H.C.P.No.1744 of 2023
1 issue framed by the court
Whether a writ of habeas corpus survives after the petitioner's wife filed a motion for divorce.
Perumal
The Superintendent of Police Thirupathur District
The Inspector of Police Natrampalli Police Station Thirupathur District
Prakash
R.Suresh Kumar
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
