IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.03.2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.404 of 2010 K.Thangaraji ..Petitioner Vs. 1. The District Collector, Dharmapuri, Dharmapuri District. 2. Tmt.Pushpam, The Protection Officer, (Under the Protection of Women from Domestic Violence Act 2005) The District Social welfare Officer, Dharmapuri, Dharmapuri District. 3. Tmt.Rajeswari, The Service Provider, (Under the Protection of women from Domestic Violence Act 2005) Dharmapuri, Dharmapuri District. 4. Mercy, The Executive Officer, Magalir Aran Trust, Devar Uthupallam, Dharmapuri District. 5. The State of Tamil Nadu, Rep. by its Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District. . Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents to produce the body of the petitioner's next friend namely Kasthuri, D/o Sampath aged 35 years, the detenue herein before this Court and set her at liberty from the illegal custody of the fourth respondents forthwith. For Petitioner : Mr.A. Ilayaperumal For Respondents : Mr.V.R.Balasubramanian, A.P.P. for R1 and R5 https://hcservices.ecourts.gov.in/hcservices/ O R D E R (The order of the Court was made by M.CHOCKALINGAM, J.) Invoking writ jurisdiction of this Court, one Mr.K.Thangaraji has brought forth this application seeking Habeas Corpus for production of one Kasthuri before this Court. 2. Affidavit filed in support of the petition is perused. The Court heard the learned counsel for the petitioner. 3. The case of the petitioner in short is as follows: The detenue Kasthuri married one Murugesan before fifteen years. They have two male children. Due to misunderstanding between them, they are living separately for the past 5 years. They have entered into an agreement for dissolving their marriage. The two sons are living with their father Murugesan. The said Kasthuri was living with her friend one Malliga. The second and third respondent took Kasthuri stating that a complaint was given against her and an enquiry has to be conducted. But the second and third respondent got the signature of Kasthuri in blanks papers and handed over Kasthuri to the 4th respondent Home. Subsequently, Kasthuri phoned over to Malliga and stated that she does not want to stay in the 4th respondent Home. The 5th respondent has submitted before the Learned Judicial Magistrate that as per the orders of the 2nd and 3rd respondents, the said Kasthuri was under the custody of the 4th respondent(Under The Protection of Women from Domestic Violence Act, 2005). 4. Today, when the matter is taken up for enquiry, the detenue Kasthuri is produced before the Court. She is enquired. According to her, she gave petition before the Welfare Officer, Dharmapuri and she was enquired. Following the same, she was directed to be in the Home, mentioned as 4th respondent herein. As on today, she is not willing to continue to be in the 4th respondent Home. 5. The learned counsel for the State produced a petition given by Kasthuri to the District Welfare Officer, (Under the Protection of Women from Domestic Violence Act 2005), Dharmapuri, wherein she has stated that her husband suspects her fidelity and torturing her and under such circumstances, she has to be given protection. According to the learned counsel for the State, following the enquiry, Kasthuri was sent to the 4th respondent Home and she has been staying there. 6. Now, the detenue Kasthuri states that she is not willing to continue to stay in the 4th respondent Home but willing to go back to her house. The statement made by the detenue is recorded. Admittedly, the detenue is 35 years old. Therefore, the Court feels no https://hcservices.ecourts.gov.in/hcservices/ impediment in sending the detenue from the 4th respondent Home. The detenue Kasthuri is set at liberty. Accordingly, the Habeas Corpus Petition is disposed of. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar vsi To 1. The District Collector, Dharmapuri, Dharmapuri District. 2 The Protection Officer Under the Protection of Women from Domestic Violence Act 2005 The District Social Welfare Office Dharmapuri, Dharmapuri District 3 The Service Provider under the Protection of Women from Domestic Violence Act 2005 4 The Executive Officer Magalir Aran Trust Devar Uthupallam Dharmapuri District 5 The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District 6 The Public Prosecutor, High Court, Chennai. H.C.P.No.404 of of 2010 +1 C.C to Mr.A.Ilayaperumal, Advocate – SR No.20945 RSI[CO] LC 07/04/2010 https://hcservices.ecourts.gov.in/hcservices/