1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.12 of 2011 Smt.Sunil Mole .. Petitioner Vs. 1.The Superintendent of Police, Thanjavur District. 2.The Inspector of Police, Iyyampettai Police Station, Thanjavur. 3.Senthil Kumar 4.Kanagavalli 5.Balasubramaniam 6.Jeyalakshmi .. Respondents Petition filed under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpus directing the respondents 1 and 2 herein to produce the body and person of the husband of the petitioner Thiru Jeyakumar @ Malik, aged 32 years, from the illegal custody of respondents 3 to 6 herein before this Court and set him at liberty. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 and R2 Respondents 3 to 6 : Mr.A.Arun Prasad O R D E R (Order of the Court was made by S.RAJESWARAN, J.) This Habeas Corpus Petition has been filed by the petitioner to secure her husband from the illegal custody of the respondents 3 to 6. 2.The case of the petitioner is that she married the detenu on 13.07.2008 as per Muslim Law. Thereafter, her husband came to Thanjavur and he has joined with the respondents 3 to 6. Her search for him was in vain. A police complaint was given on 22.12.2009, but no steps were taken by the police. Hence the above HCP has been filed. 3.Earlier, on the directions issued by this Court, both the detenu and the petitioner appeared before this Court. They were called and interviewed by us separately. Though the petitioner was keen on living with the detenu, the husband-detenu made it very clear to us that he was https://hcservices.ecourts.gov.in/hcservices/ 2 not interested in living with her as there are very strong matrimonial differences between him and the petitioner. It is also stated by him that there are some proceedings pending before the different forum between them and each one is prosecuting the same. 4.Thereafter, on the persuasion of the learned counsel on either side, the matter was referred to the Mediation and Conciliation Centre attached to this Court. The Mediation and Conciliation Centre on reference, has sent a Failure Report on 08.04.2011. Today, the parties are present before this Court again. 5.In view of the fact that the detenu has already expressed his desire not to live with his wife/the petitioner herein and the petitioner was also appraised of these facts, there is nothing further remains to be considered in this HCP. Moreover the detenu is not under the illegal custody of any one. Therefore, this HCP has to be necessarily dismissed and accordingly dismissed. 6.It is open to the parties to approach the appropriate forum for redressal. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1.The Superintendent of Police, Thanjavur District. 2.The Inspector of Police, Iyyampetai Police Station, Thanjavur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Km SR : 30.06.2011 : 2p/4c H.C.P.(MD)No.12 of 2011 21.06.2011 https://hcservices.ecourts.gov.in/hcservices/