In the High Court of Judicature at Madras Dated: 27..10..2009 Coram: The Honourable Mr.Justice ELIPE DHARMA RAO and The Honourable Mr.Justice D. HARIPARANTHAMAN Habeas Corpus Petition No.1702 of 2009 Sureshkumar S/o.M.P. Babu ... Petitioner Vs. 1. The State rep. by Inspector of Police, Namakkal Police Station, Namakkal District. 2. Karuppannan ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to produce the petitioner's wife anbarasi, aged about 23 years, wife of Sureshkumar, before this Court and set her at liberty. For Petitioner .. Mr.S. Sugendran For Respondent-1 .. Mr.V.R. Balasubramaniam Addl.Public Prosecutor ORDER (Order of the Court was made by ELIPE DHARMA RAO, J.) The present Habeas Corpus Petition has been filed by the husband of the detenue for production of his wife, who is said to be under the illegal detention of Respondent No.2, the father of the detenue. 2. Learned Addl. Public Prosecutor on instructions has submitted that the detenue is now in custody of her father, the second respondent. He has further stated that, the enquiry revealed that the detenue is not interested to continue the marital life with the petitioner and she has preferred H.M.O.P.No.168 of 2009 before the Sub Court, Namakkal, which is stated to be pending, for dissolution of the marriage. 3. Taking into consideration the submission made by the learned Addl. Public Prosecutor and the facts of the present case, we are of https://hcservices.ecourts.gov.in/hcservices/ the opinion that the detenue is not in the illegal custody of the second respondent or kidnapped by the second respondent as stated by the petitioner. Since a petition for divorce had been filed and pending before the Sub-Court, Namakkal, it is for the petitioner to redress his grievance by filing appropriate application before the said Court. With the above observation, the Habeas Corpus Petition is dismissed. dpk Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The State rep. by Inspector of Police, Namakkal Police Station, Namakkal District. 2. Public Prosecutor, High Court, Madras. H.C.P.No.1702 of 2009 ks(co) ar/4.11.2009. https://hcservices.ecourts.gov.in/hcservices/