Father sought habeas corpus for his missing wife and two minor daughters. The Court found the petition lacked bona fides: an earlier complaint was closed after the wife stated she wished to live independently due to his alcohol addiction. The petition was closed.
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HCP(MD) No.1118 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 25.11.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
HCP(MD) No.1118 of 2025
Santhana Ilayaraja
... Petitioner
.Vs.
4.S.Oorkalan
...Respondents
(R3 suo motu impleaded as per the order of this Court dated 07.11.2025)
Prayer:- Habeas Corpus Petition is filed under Article 226 of the Constitution of
India, to issue a writ of Habeas Corpus directing the respondents 1 and 2 to produce the body or person of the petitioner's wife detenue namely Devi aged
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about 28 years and minor daughters namely Charmadha and Ilamathi, aged
about 9 and 5 years before this Court and set their at liberty.
For petitioner : Mr.S.Sakthi Siddharth For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor for R1, to R3 Mr.Akhilesh Sudhakar for R4
O R D E R
This petition has been filed stating that the wife of the petitioner aged about 28 years and his two minor daughters aged 9 and 5 years have been missing and he had given a representation on 23.08.2025, regarding securing of the minor daughters. Thereafter, the present Habeas Corpus Petition has been filed. However, the bona fide of the petitioner is deeply doubtful.
2. He had impleaded the fourth respondent, his father-in-law, who is residing at Theni only with the sole purpose of filing this Habeas Corpus Petition before this Bench. He resides at Thiruppur. He had earlier lodged a complaint relating to the missing of his wife and two daughter, consequent to which, FIR in Crime No.421/2014 had been registered by the Inspector of
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Police, Veerapandi Police Station at Thiruppur District. They had secured the wife of the petitioner herein and also his daughters and had recorded her statement by her that since the petitioner is addicted to Alcohol, she had taken a decision to bring up her daughters independently by eking out her livelihood. In that complaint, the petitioner had also given a statement that he would not interfere with any decision taken by his wife relating to the future of his daughters and that he would not harass them and that the said petition may be closed and that he would not interfere with their day-to-day life. This only evidently means that he is not interested in either his wife or his daughter.
3. Now, a second complaint had been given and it is held out that he is very much interested in his two daughters. The daughters would be interested him only if he exhibits affection to his wife. They would also be interested him only if he reforms himself which is essential for him to lead a happy family life. After closure of the earlier FIR, there has been no re-union between the petitioner and his wife and daughters. However, there is no disclosure as to date on which she had again left the petitioner. The entire petition lacks bona fide. It has been filed before this Bench only by impleading the fourth respondent, who is not a necessary party and who has no knowledge about the whereabouts of the petitioner's wife and his daughters.
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4. Accordingly, the Habeas Corpus Petition stands closed.
(C.V.K., J.) (R.V., J.)
25.11.2025
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To
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HCP(MD) No.1118 of 2025
C.V.KARTHIKEYAN,J. and R.VIJAYAKUMAR,J.
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H.C.P.(MD) No.1118 of 2025
25.11.2025
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1 issue framed by the court
Whether a habeas corpus writ should issue to produce the petitioner's missing wife and two minor daughters.
1 provisions across 1 enactments
Santhana Ilayaraja
The Superintendent of Police, Theni District
The Inspector of Police, Jayamangalam Police Station, Theni District
The Inspector of Police, Veerapandi Police Station, Tiruppur District
S.Oorkalan
C.V.Karthikeyan
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
