1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.03.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition(MD)No.205 of 2011 Bala @ Balamurugan :Petitioner -Vs- 1.The District Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Chekkanurani Police Station, Chekkanurani, Madurai District. :Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus directing the respondents to produce the body or person of the petitioner's wife Kavipriya, aged about 20 years old and body or person of the petitioner's child Jeyam, aged 1 year old, before this Court and set them at liberty. For Petitioner : Mr.R.Murugappan 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 HCP for tracing his wife Kavipriya/detenue, who has left the matrimonial home on 20.02.2011 along with her minor child, has not returned home till date. A complaint was given by the petitioner to the second respondent-Police Station on 01.03.2011. He has also sent complaints to both the respondents by registered post on 01.03.2011. Since no action has been taken, the above HCP has been filed. 2.The learned Additional Public Prosecutor submits that the detenue/wife of the petitioner, had appeared before the respondent-Police who have brought her today to this Court. 3.The detenue-Kavipriya along with her minor son, are present before this Court. The petitioner was also present. We talked to the detenue-Kavipriya to ascertain her mind. She is very clear and categorical that only because of the torture https://hcservices.ecourts.gov.in/hcservices/ 2 meted out by the petitioner on her, she has gone out of the marital home on her own and she is now peacefully living with her mother in a different place. She has also stated that she is working and she will be able to take care of the minor child. She also submitted that four or five mediation talks were held between her and the petitioner in the presence of the elders of the family but failed. Hence, she is not interested in going and living with her husband/the petitioner herein. We also enquired the petitioner, who submitted that he would like to live with his wife/the detenue. 4.Considering the mind of the detenue and her clear statement that she is not interested in living with the petitioner and the fact that she is presently living with her mother, we are not inclined to entertain this petition. Therefore, recording the fact that the detenue has expressed her desire to stay away from her husband, and she is away from him on her own, it is to be construed that there is no illegal custody by anyone. 5.Hence, this Habeas Corpus Petition does not merit any consideration and accordingly, it is dismissed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The District Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Chekkanurani Police Station, Chekkanurani, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. KM RP/30.03.2011/2P/4C. HCP(MD)No.205 of 2011 21.03.2011 https://hcservices.ecourts.gov.in/hcservices/