IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 8-4-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.585 of 2010 Parimala .. Petitioner vs 1.The State rep. By The Sub Inspector of Police All Women Police Station Kallakurichi 2.M.Ganesan 3.Danasundari 4.Saradha 5.Manikandan .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the first respondent to secure the petitioner's husband Senthil, S/o. Kannan, 30 years, and produce him before this Court and set him at liberty. For Petitioner : Ms.R.Subhalakshmi For Respondents : Mr.V.R.Balasubramanian Additional Public Prosecutor for R1 ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.)
Invoking the writ jurisdiction of this Court, one Mrs.Parimala has brought forth this petition for a writ of habeas corpus for the production of her husband Senthil.
2.The affidavit in support of the petition is perused. The Court heard the learned Counsel for the petitioner.
3.The grievance ventilated by the petitioner is that the marriage between herself and the alleged detenu has taken place on 17.9.2003, as a result of which they had got a female born; that they have been living together for a period of six years; that he went to the office on 17.5.2009; but, he did not return; that after making a search, she gave a complaint to the first respondent police on 20.5.2009; but, no steps have yet been taken; that she came to know that he was detained by the respondents 2 to 5, and under the circumstances, she was forced to file this petition before this Court.
4.The learned Additional Public Prosecutor takes notice for the first respondent.
5.A perusal of the available materials and in particular the representation made by the petitioner as found in page 4 of the typed set of papers, would clearly indicate that the petitioner’s husband has married the third respondent as his second wife, and they have been living together. Once such an allegation is made, the petitioner has to move the Court of criminal law if so advised, by way of a private complaint for the bigamous marriage alleged to have been conducted by the petitioner’s husband with the third respondent, and it is not a fit case where the petitioner can invoke the writ jurisdiction of this Court. Accordingly, this habeas corpus petition is dismissed.
nsv
To:
1.The Sub Inspector of Police
All Women Police Station
Kallakurichi
2.The Public Prosecutor
High Court,
Madras