Divakar Vs The Superintendent of Police

Prayer: Habeas Corpus Petition filed under Article 226 of Constitution of India for issuance of WRIT OF HABEAS CORPUS or any other appropriate Writ, order or direction in the nature of a Writ, directing the 1^st and 2^nd Respondents to produce the body of the petitioner’s wife Mrs.VIJAYALAKSHMI, Wife of Divakar aged about 21 years before this

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

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HCP No. 394 of 2026

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Hon’ble Court and to set her at liberty and to pass such further or other orders in the circumstances of the case and thus render Justice.

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For Petitioner(s): Mr.K.G.Senthil Kumar For Respondent(s): Mr. R. Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M. Sylvester John, Advocate

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ORDER

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(Order of the Court was made by Dr.Anita Sumanth J.)

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This Petition is filed seeking issuance of Writ of Habeas Corpus to produce Mrs.Vijayalakshmi, aged about 21 years (hereinafter referred to as ‘detenue’). This petition is instituted by the husband of the detenue who states that on 13.02.2026 at about 4.30 p.m., the detenue had set out for a walk along with their pet dog and never returned. He had filed a complaint before the Inspector of Police, Sholingur Police Station at 9.00 p.m. and a case had been registered in Crime No.61 of 2026. Since there was no action taken by the police thereafter, he has instituted the present petition.

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Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel accepts notice for the respondents and is fully armed with instructions to enable a final disposal of the matter, even at the stage of admission.

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

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HCP No. 394 of 2026

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The instructions are that, there had been serious misunderstandings

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between the detenue and the petitioner, on account of which, she had left the marital home on 13.02.2026. She has been secured along with one Suhul Basha on 23.02.2026 and they are presently residing in the house of one Mary, relative of the detenue.

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A reading of statement dated 25.02.2025 recorded from the detenue reveals that she is disinterested in remaining in the marriage, and has levelled various allegations against the petitioner. In fact, she is in the process of filing HMOP before the Subordinate Judge, Arakonam and a copy of petition dated 23.02.2026 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 stated to be signed by her, is also placed before us.

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