The court dismissed a writ of Habeas Corpus filed by a husband seeking to produce his wife, who had eloped with a third respondent. Finding the wife was a major who left voluntarily, the court held the petition was not maintainable.
Writ of Habeas Corpus petition is dismissed.
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.144 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.02.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
H.C.P.(MD).No.144 of 2024
Elangovan .. Petitioner/Husband of the Detenue
Vs.
3.Pravin .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 and 2 to secure and produce the body or person of the detenue namely Rishia, W/o.Elangovan, aged about 19 years, before this Court and set her at liberty.
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H.C.P.(MD).No.144 of 2024
For Petitioner : Mr.D.Rameshkumar For R-1 & R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor For R-3 : Mr.V.Kathiravan
ORDER
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
The petitioner is the husband of one Rishia, aged about 19 years. Seven months after the marriage, she has eloped with the third respondent.
At that time, the petitioner was employed in Singapore and therefore, his brother, Suresh gave a complaint to the second respondent on 29.11.2023 regarding missing of the petitioner's wife, Rishia. Based on the said complaint, a case in Crime No.714 of 2023 was registered under the caption 'woman missing' and taken up for investigation. Meanwhile, the Habeas Corpus Petition is filed by the husband to bring the body or person of his wife, Rishia.
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H.C.P.(MD).No.144 of 2024
(G.J.,J.) (C.K.,J.) 23.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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H.C.P.(MD).No.144 of 2024
To
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H.C.P.(MD).No.144 of 2024
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
H.C.P.(MD).No.144 of 2024
23.02.2024
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2 issues framed by the court
Whether a Habeas Corpus petition is maintainable to bring the body of a married woman who eloped with another man.
Whether the wife's act of eloping with a third party constitutes restraint when she is a major and left voluntarily.
1 provisions across 1 enactments
Elangovan
Rishia
Pravin
The Superintendent of Police, Thanjavur District, Thanjavur
The Inspector of Police, Thiruvonam Police Station, Thanjavur District
G.JAYACHANDRAN
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
