1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.04.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI H.C.P(MD)No.197 of 2011 Santhosh Siva :Petitioner -Vs- 1.The Superintendent of Police, Ramanathapuram. 2.The Inspector of Police, Chathirakudi Police Station, Ramanthapuram District. 3.A.Karthick 4.Sarasu :Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the body of the person of my wife named Sugapriya, aged 21 years, W/o.Santhosh Siva and minor Karunya aged 1½ months, D/o.Santhosh Siva, the detenues herein before this Court and set them at liberty. For petitioner : Mr.N.Sankar Ganesh For respondents 1 & 2 : Mr.P.N.Pandidurai, Addl.Public Prosecutor For respondents 3 & 4 : Mr.P.Sengutharasan ORDER (Order of the Court was made by S.RAJESWARAN,J) The petitioner has filed this Habeas Corpus Petition to trace out his wife Sugapriya and his minor daughter viz., Karunya, who is aged about 1½ months. 2.According to the petitioner, on and from 7.2.2011, both of them have been missing. He strongly suspects that the third respondent has kidnapped his wife and daughter. At the time of missing, she was also wearing 20 sovereigns gold jewels. A complaint was given before the respondent police. It is stated that the second respondent police produced the alleged detenue before the Judicial Magistrate on 21.2.201 where she has stated that she was living with her grand mother and furnished the address. But, that address was found to be bogus. According to him, it is a case of illegal detention by the third respondent and only the third respondent would know their whereabouts. Hence, the above petition has been filed by the petitioner for the aforesaid relief. https://hcservices.ecourts.gov.in/hcservices/ 2 3.On notice, the learned Additional Public Prosecutor submits that the detenue/wife of the petitioner surrendered before the Judicial Magistrate, Paramakudi on 21.2.2011 and submitted that she left the matrimonial home on her own volition on account of her misunderstanding with the petitioner and now she is said to be living in a relative's house. Moreover, she has stated that she is a major. At the time of surrender, she had also filed an affidavit which was taken on file by the Judicial Magistrate. By recording her statement, she was released by the Magistrate. The learned Additional Public Prosecutor also produced the affidavit filed by the detenue before the Judicial Magistrate and the notings of the Judicial Magistrate in that affidavit before this Court. 4.In view of the above, we are inclined to hold that the petitioner's wife/the detenue/Sugapriya and her daughter are not under illegal custody of any one much less the third respondent. It is a case of the detenue being a major who has gone out of her own volition from the matrimonial home with her minor daughter and residing in a place of her own choice, which is very clear from the statement recorded by the Judicial Magistrate, Paramakudi on her surrender before him. 5.Therefore, the petitioner being the husband of the detenue will have to work out his remedy in an appropriate forum and the Habeas Corpus Petition before this Court is not a remedy to the petitioner. 6.Hence, the Habeas Corpus Petition does not merit any consideration and the same is dismissed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Superintendent of Police, Ramanathapuram. 2.The Inspector of Police, Chathirakudi Police Station, Ramanthapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.N.Sankar Ganesh, Advocate. SR.No.12764. (asvm) H.C.P.(MD)No.197 of 2011 RP/19.04.11/2P/5C. 01.04.2011. https://hcservices.ecourts.gov.in/hcservices/