Yogakanagaraj v. The State of Tamilnadu

Madras HC13 Mar 2025HCP(MD)/284/2025

Case brief

AI extract

What is this about?

Habeas corpus petition by husband for production of wife and minor daughter; wife produced before Madurai Bench, stated she left matrimonial home voluntarily citing unbearable torture and refused reunion; reference to Mediation and Conciliation Centre failed without agreement; petition closed (disposed) by Division Bench of G. Jayachandran and R. Poornima, JJ.; Article 226; State of Tamil Nadu / Virudhunagar police and third respondent Alexpandian; no cases cited; no costs or quantum.

What did the court decide?

No substantive relief; the Habeas Corpus Petition was closed after recording that mediation failed and the wife did not wish to live with the petitioner. ¶¶32

Yogakanagaraj Vs The State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :13 .03.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND

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THE HON'BLE MS JUSTICE R.POORNIMA

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H.C.P(MD)No.284 of 2025

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Yogakanagaraj ... Petitioner/Husband of the Detenu

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.Vs.

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1.The State of Tamil Nadu, represented by The Superintendent of Police, Virudhunagar District, Virudhunagar.

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2.The Inspector of Police, Rettiyapatti Police Station, Virudhunagar District.

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3.Alexpandian ... Respondents

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PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to direct the respondents to produce the Petitioner’s wife Kavitha, aged about 29 years old, wife of Yogakanagaraj and his minor daughter namely Harsha, aged about 3 years old, daughter of Yogakanagaraj or their bodies before this Court and set them at liberty to the Petitioner based on the

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https://www.mhc.tn.gov.in/judis

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representation, dated 14.2.2025 and 25.2.2025 within the time stipulated by this Court.

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For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.E.Antony Sahaya Prabahar 1 and 2 Addl.Public Prosecutor

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O R D E R

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DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J

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The Habeas Corpus Petition is filed seeking a direction to the to produce the Petitioner’s wife Kavitha, aged about 29 years old, wife of Yogakanagaraj and his minor daughter namely Harsha, aged about 3 years old, daughter of Yogakanagaraj or their bodies before this Court and set them at liberty to the Petitioner based on the representation, dated 14.2.2025 and 25.2.2025 within the time stipulated by this Court.

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2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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https://www.mhc.tn.gov.in/judis

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3.On 5.3.2025, when ther matter came up for consideration before this

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Court, this Court passed the following order:

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The wife of the Petitioner was produced before this Court today along with three years old girl baby. She states that she left the home on her own due to the unbearable torture of the Petitioner and she is not inclined to joint with her husband/petitioner herein. To ascertain whethere there is any possibility of reunion, this Court is inclined to adjourn this matter befoe passing final order in this Habeas Corpus petition.

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2.Post the matter on 13.3.2025.

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3.In the meanwhile, both the parties are directed to appear before the Mediation and Conciliation Centre attached to this Bench on 6.3.2025 trying to sort out the issue.

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4.Today, this Court received Mediation Report informing that mediation

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completed, but no agreement reached.The wife of the Petitioner along with two children present before this Court and she states that she is not inclined to live with the Petitioner and she wants to be with her parents.

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https://www.mhc.tn.gov.in/judis

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5.Recording the above said facts, the Habeas Corpus Petition is closed.

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[G.J.,J.] [R.P.,J.] 13.03.2025

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NCS : Yes/No Index : Yes / No Internet : Yes / No

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