1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.(MD)No.674 of 2011 Joseph Griffin Rajesh Fernando : Petitioner Vs. 1.The Superintendent of Police, Madurai Disrict, South Chithirai Street, Madurai. 2.The Inspector of Police, Koodal Pudhur Police Station, Madurai District. 3.Mr.Vimal Antony 4.Mr.Sebastin Raj 5.Navesha : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the body and person of the petitioner's wife Gayathri, aged about 32 years before this Court and set her at liberty. For Petitioner : Mr.S.M.A.Jinnah For Respondents 1 & 2 : Mr.C.Ramesh Additional Public Prosecutor ORDER ******* [Order of the Court was made by ARUNA JAGADEESAN, J.] This Habeas Corpus Petition has been filed by the petitioner to direct the first and second respondents to produce his wife by name Gayathri, aged about 32 years, before this Court and set her at liberty, alleging that the detenue is under the illegal custody of the third respondent. 2. The petitioner is the husband of the detenue, Gayathri, aged about 32 years. They got married and they are blessed with a female child, aged about 8 years and she is studying fourth standard in St. Johns Higher Secondary School, Madurai. The petitioner is working in Customs Clearance Branch in a private concern at Dubai. According to the petitioner, he has purchased a plot measuring an extent of 5 cents in the name of his wife and availed loan from L.I.C. The third respondent, who https://hcservices.ecourts.gov.in/hcservices/ 2 is the Engineer, has constructed the house of the petitioner. The petitioner has alleged that on 05.06.2011, the third respondent has kidnapped his wife to wreak vengeance against the petitioner. The police complaint was given by him on 06.08.2011. However, no effective steps were taken and, therefore, he has come forward with the present Habeas Corpus Petition for the relief stated supra. 3. On this day, when the matter came up for hearing, the petitioner and the detenue-Gayathri appeared in person before this Court and when we enquired the detenue-Gayathri, she categorically stated that she is not willing to go with her husband/the petitioner herein, as there is some matrimonial dispute between her and the petitioner and she is not under the illegal custody of anyone. 4. The detenue-Gayathri is a major and she has expressed her unwillingness to go along with her husband/the petitioner herein. Further, as there is some matrimonial dispute between the petitioner and the detenue and the detenue is not under the illegal confinement of anyone, much less the third respondent herein. nothing remains to be decided in the Habeas Corpus Petition. Hence, recording the statement made by the detenue-Gayathri, the Habeas Corpus Petition is closed. SML Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, South Chithirai Street, Madurai. 2.The Inspector of Police, Koodal Pudhur Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.M.Mohamed Sha, Advocate SR.NO.26984. Order made in H.C.P.(MD)No.674 of 2011 Dated:10.08.2011 2P/5C RPB 24.08.2011 https://hcservices.ecourts.gov.in/hcservices/