1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P(MD)No.557 of 2011 T.Thirumagal .. Petitioner Vs. 1.The Superintendent of Police, Theni District, Theni. 2.The Inspector of Police (L&O), Theni Town Police Station, Theni. 3.Muthulakshmi .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the 1st and 2nd respondents police to produce the body and person of the petitioner's husband by name Karthikeyan, S/o. (Late) Kaliappan, aged about 32 years before this Court and set him at liberty. For petitioner : Mr.Maridoss For respondents 1 & 2 : Mr.C.Ramesh, Addl.Public Prosecutor ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA , J) The petitioner is the wife of the detenu. The detenu is the husband of the petitioner. It is stated in the affidavit filed in support of the petition that the petitioner and the detenu have got married on 23.2.2004 and they also have a female child, by name, Nanthini. There was a misunderstanding between the petitioner and the detenu. Therefore, the detenu/ husband of the petitioner filed a Divorce Petition before the Subordinate Court, Sivakasi in HMOP No.47 https://hcservices.ecourts.gov.in/hcservices/ 2 of 2010. The petitioner/wife has also filed a petition for restitution of conjugal rights and also maintenance petition before the Judicial Magistrate, Sivakasi. It was alleged by the petitioner/wife that the detenu/husband was illegally detained by the third respondent, who is the mother of the detenu. She also made a complaint to the respondents 1 and 2. There is no proper response from the respondents. Therefore, she filed the present Habeas Corpus Petition. 2. The matter came up today. The detenu was also produced. We enquired the detenu. He is aged about 32 years. He has made a categorical statement that there is a misunderstanding between him and the wife/petitioner and he does not want to live with her. He has also stated that he is not under illegal custody of any body and we also find no material to state that the husband/detenu, who is 32 years old, is under illegal custody of anybody. 3. Under the circumstances, we are of the view that the detenu is not under illegal custody of the third respondent. The Habeas Corpus Petition is devoid of merits and the same is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni. 2.The Inspector of Police (L&O), Theni Town Police Station, Theni. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P(MD)No.557 of 2011 29.7.2011 asvm NSV/5.8.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/