Mother filed a habeas corpus petition alleging her 25-year-old daughter went missing after cruelty by her husband. The daughter appeared before the Court, stated she left her husband on her own due to physical cruelty and had initiated divorce proceedings; the petition was dismissed as devoid of merits.
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.76 Of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:26.02.2024
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
H.C.P.(MD) No.76 of 2024
Sevathamani ...Petitioner/Wife of the missing person
-vs-
PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the person or body of the denue/petitioner’s daughter namely, Vinitha, daughter of Shankar, aged 25 years before this Court and set her at liberty.
For Petitioner : Mr.R.Jegadeeswaran
1/5
For Respondents : Mr.RMS.Sethuraman, Addl.Public Prosecutor
H.C.P.(MD) No.76 Of 2024
O R D E R
DR.G.JAYACHANDRAN,J. AND C.KUMARAPPAN,J.
This habeas corpus petition has been filed by the mother of the detenue, seeking for a direction to the respondents 1 and 2 to produce the person or body of the denue/petitioner’s daughter namely, Vinitha, daughter of Shankar, aged 25 years before this Court and set her at liberty.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The Petitioner is the mother of the missing person, Vinitha, aged about 25 years and the third respondent is the husband of the missing person. Alleging that her daughter is missing since 27.11.2023, a complaint was lodged by the Petitioner stating that her son-in-law Rengasamy, the third respondent herein had driven out her daughter after causing cruelty and suspecting that there is serious foul-play in the so-called complaint, registered at the behest of the third respondent/Rengasamy in Crime No.546
2/5
H.C.P.(MD) No.76 Of 2024
of 2023, the present Habeas Corpus Petition is filed.
4.Serious allegations have been made as against the Police for their inaction. However, investigation has turned out, wherein, it was found that the said allegations are false and made with some motive. The detenue Vinitha present before this Court today and on enquiry, she has stated that due to physical cruelty, she has left her husband Rengasamy and she has filed a H.M.O.P before the Sub-Court, Sathyamangalam.She has further stated that she left her husband, the third respondent herein on her own. She has further submitted that her mother know about the facts and for the reasons best known, the Petitioner has filed the present Habeas Corpus Petition, suppressing the fact and making allegations against the third respondent.
5.Since this Court finds that the daughter of the Petitioner is alive and she had left her husband, the third respondent herein, on her own and had initiated divorce proceedings against her husband, which is now pending, the Habeas Corpus Petition stands dismissed, as devoid of merits.
[G.J.,J.] [C.K.,J.] 26.02.2024
3/5
H.C.P.(MD) No.76 Of 2024
NCS : Yes/No Index : Yes / No Internet : Yes / No vsn
To:
4/5
H.C.P.(MD) No.76 Of 2024
DR.G.JAYACHANDRAN,J. AND C.KUMARAPPAN,J.
vsn
ORDER MADE IN
H.C.P.(MD) No.76 of 2024
26.02.2024
5/5
1 issue framed by the court
Whether the missing daughter, Vinitha, was illegally confined by the third respondent so as to warrant a writ of habeas corpus.
1 provisions across 1 enactments
Sevathamani
The Superintendent of Police, District Police Office, Trichy and District
The Inspector of Police, Thiruverumbur Police Station, Trichy and District
Rengasamy
G.Jayachandran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
