Habeas corpus petition filed by wife for missing husband dismissed as not a case of illegal detention; husband left home in 2016, missing since 2019, legal notices showed he was under advocate's care.
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H.C.P.(MD)No.98 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD)No.98 of 2025
Pamila ... Petitioner / Wife of detenue
Vs.
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to secure or produce the body or person of the detenu namely Alister S/o.David aged about 44 years before this Court and set him at liberty.
For Petitioner : Mr.B.Micheal Sebastin
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H.C.P.(MD)No.98 of 2025
For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
O R D E R
(Order of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
husband left the matrimonial home in 2016 itself. He said to have been
missing since 2019. There was also exchange of legal notices. The legal notice issued on behalf of the detenue claimed that the detenue was under the care of the advocate himself. Since the detenue went missing when he was at Chennai, the question of maintaining this habeas corpus petition will not arise at all. We are satisfied that this is not a case of illegal detention. The petitioner will have to pursue her remedy in the manner known to law. The Habeas Corpus Petition is dismissed.
(G.R.S. J.,) & (R.P. J.,) 27.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi
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H.C.P.(MD)No.98 of 2025
To:-
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H.C.P.(MD)No.98 of 2025
G.R.SWAMINATHAN, J. and R.POORNIMA, J.
rmi
H.C.P.(MD)No.98 of 2025
27.01.2025
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1 issue framed by the court
Whether a habeas corpus petition under Article 226 is maintainable for a person who left his matrimonial home in 2016 and has been missing since 2019, with legal notices indicating he was under an adv
1 provisions across 1 enactments
Pamila
Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District
Inspector of Police, Asaripallam Police Station, Kanniyakumari District
G.R. Swaminathan
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
