Kumar v. The State of Tamilnadu
Case brief
What is this about?
Madurai Bench of Madras High Court dismissed a husband's habeas corpus petition under Article 226 seeking production of his wife and two minor children allegedly missing since 15.05.2025; the Court accepted that the wife had left the matrimonial home on her own accord due to matrimonial cruelty and that the petition was filed as if she were missing, imposing costs of Rs.15,000/- on the petitioner (depositable within one week, withdrawable by the wife). Relevant to Article 226 habeas corpus petitions involving missing wives/children, voluntary departure versus illegal detention, matrimonial cruelty allegations, and imposition of costs for abusing the process; involves Thoothukudi police (Murappanadu P.S.), Crime Nos.196 and 237 of 2025, and prior proceeding Crl.O.P(MD)No.9558 of 2025.
What did the court decide?
From the submissions on record, the Court found that the petitioner, who was well aware that the missing person had gone out on her own accord due to matrimonial cruelty, came up with the habeas corpus petition as if his wife was missing.