1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.3.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.123 of 2011 R.Kulanthaithurachi .. Petitioner vs. 1.The Superintendent of Police, Tirunelveli District at Tirunelveli. 2.The Inspector of Police, Vasudevanaloor Police Station, Vasudevanaloor, Tirunelveli District. 3.The Sub Inspector of Police, Vasudevanaloor Police Station, Vasudevanaloor, Tirunelveli District. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents herein to produce the petitioner's husband Ramakrishna Pandithurai in body before this Court and set him at liberty forthwith. For petitioner : Mr.S.Xavier Rajini For respondents : Mr.P.N.Pandidurai, Addl.Public Prosecutor ORDER (Order of the Court was made by S.RAJESWARAN,J) The petitioner has filed this Habeas Corpus Petition to trace her husband, Ramakrishna Pandithurai. 2. According to her, she got married to the detenue, Ramakrishna Pandithurai on 8.6.2000 and they have two female minor children. Her husband/the detenu is doing painting work. On 2.1.2011, her husband went for work but did not return home. Since then, he is found missing and his whereabouts are not known. Hence, she gave a complaint to the third respondent/Sub Inspector of Police on 20.1.2011 and again, on 9.2.2011. She made complaints to the first and second respondents also on 10.2.2011. Since no steps have been taken on her complaint, the above petition has been filed. 3. On notice, the respondent police have produced the detenue, Ramakrishna Pandithurai today. The petitioner is also present before this https://hcservices.ecourts.gov.in/hcservices/ 2 Court with her two children. The father of the detenue is also present today. 4. On enquiry, detenue, Ramakrishna Pandithurai stated that he went to Trivandrum for painting work on contract basis and he is doing painting work there. He adds that he would like to live with the petitioner and with two minor children as he has no problem with them. Only because of his business prospects, he has gone to Trivandrum and he is prepared to continue his life with the petitioner. 6. Though the petitioner is happy and ready to go along with her husband but she would like to have some sort of security for her two minor daughters as her husband is not having a steady income and he often goes out on work. 7. Considering the above and taking note of the fact that the petitioner's husband is working as a painter in Trivandrum on contarct basis, the following order is passed with the consent of the detenue/husband and his father. (i) Every bi-monthly, the detenue, Ramakrishna Pandithurai, shall come home and be with the petitioner and the minor children without fail; (ii) He shall pay a sum of Rs.2,000/- (Rupees two thousand only) every month to the petitioner to take care of herself and the two minor children; (iii) The petitioner's father-in-law who is present before this Court shall settle the property, which stands in his name, in favour of the two minor children represented by the guardian/mother/the petitioner herein, within three months from today; (iv) The detenue, Ramakrishna Pandithurai, is advised to look after the petitioner and the two children well. (v) The petitioner is also advised to take care of her husband well with respect and concern. 8. It is made clear that since the above order has been passed with the express consent of all the parties present, there should not be any breach of their condition by any one. 9. As the detenue is before this Court and agrees to go along with the petitioner/his wife and the petitioner/wife also agrees to go along with him to their native place, nothing further remains to be considered in this Habeas Corpus Petition. Hence, the Habeas Corpus Petition is disposed of on the above terms. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent of Police, Tirunelveli District at Tirunelveli. 2.The Inspector of Police, Vasudevanaloor Police Station, Vasudevanaloor, Tirunelveli District. 3.The Sub Inspector of Police, Vasudevanaloor Police Station, Vasudevanaloor, Tirunelveli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC TO MR. S. XAVIER RAJINI, ADVOCATE S.R NO.11841 H.C.P.(MD)No.123 of 2011 29.03.2011 asvm PAM 19.04.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/