IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01/08/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice S.MANIKUMAR
H.C.P.No.681 of 2006
Subramani .. Petitioner
-Vs-
1.The State of Tamil Nadu
rep. by the
Sub Inspector of Police
Pallipalayam Police Station
Thiruchengodu Taluk,
Namakkal District.
2. Cable Kandhan
3. Vasu .. Respondents
Petition filed under Article 226 of the Constitution of India to issue
a Writ of Habeas Corpus to direct the respondent No.1 to produce the body of
petitioner's daughter-in-law viz.,Sangidha who has been now illegally detained
and confined in the house of Respondents No.2 and 3, Door No.5.6.321
K.S.Nagar, Alamedu, Pallipalayam, Thiruchengodu Taluk, Namakkal District
before this Court and set the detenue Sangidha at liberty.
!For Petitioner : Mr.T.R.Radhakrishnan
For Respondents : Mr.M.Babu Muthu Meeran
Addl. Public Prosecutor
Ms. P.T.Asha for R2 and R3
:ORDER
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner, by name Subramani has filed this petition seeking
direction to the first respondent for production of his daughter-inlaw, by
name Sangidha who has been illegally detained and confined in the house of
respondents 2 and 3 at Door No.5.6.321 K.S.Nagar, Alamedu, Pallipalayam,
Thiruchengodu Taluk, Namakkal District.
2. Pursuant to our direction, the detenue Sangidha appeared before
us. According to her, she is aged about 24 years. She also informed that she
married one Nagaraj in the year 1999 and she is having two children. On our
further enquiry, she expressed that she had some misunderstanding with her
husband and at this moment, she is not willing to live with her husband and
according to her, she is residing with her brother, the third respondent
herein. She also informed us that the second respondent is a friend of her
brother/third respondent. It is also brought to our notice that she filed
O.P.No.100 of 2006 on the file of the Sub Court, Namakkal for divorce and the
same is pending.
3. Taking note of the assertion and the stand taken by the detenue
and of the fact that she is not under illegal detention or custody of anyone
including the third respondent and also of the fact that she has already
approached the appropriate Court for divorce, we are of the view that no
further adjudication is required in this petition. The aggrieved persons are
at liberty to approach the concerned Court to vindicate their remedy, if any,
in the manner known to law. With the above observation, this petition is
closed.
gms
To
1.The Sub Inspector of Police
State of Tamil Nadu
Pallipalayam Police Station
Thiruchengodu Taluk, Namakkal District.