1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.545 of 2011 M.Bommaiyah Pandian .. Petitioner Vs. 1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Inspector of Police, All Women Police Station, Dindigul, Dindigul District. 3.The Inspector of Police, All Women Police Station, Ooty Town, Nilgiri District. 4.K.V.Raghavan 5.Nirmala .. Respondents Prayer: 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 and person of the detenue, namely R.Saranya, W/o.Bommaiyah Pandian, aged about 23 years, before this Court and set her at liberty. For Petitioner : Mr.N.Sathish Babu For Respondents: Mr.K.S.Duraipandian, Additional Public Prosecutor for R1 to R3 O R D E R (Order of the Court was made by ARUNA JAGADEESAN, J.) The petitioner has filed this Habeas Corpus Petition to direct the respondents 1 to 3 to produce his wife / detenue by name R.Saranya, aged about 23 years, before this Court and set her at liberty, alleging that she is under the illegal custody of the respondents 4 and 5. 2.When this HCP was taken up on 12.07.2011, this Court ordered notice to respondents 1 to 3 and also private notice to respondents 4 and 5. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Today, the detenue-Saranya and respondents 4 and 5, who are her parents, are present before this Court. The detenue is deaf and dumb and therefore, she had given her reply in writing stating that she is not willing to go along with the petitioner, who is her husband. She alleged that she has been ill-treated by him. The petitioner is also present before this Court. When we enquired him, he stated that he want to live with the detenue, and only at the instigation of the fourth respondent/his father-in-law, the detenue has come forward with this allegation. 4.Since the detenue-Saranya, being a major, is not willing to go along with the petitioner, this Court has no other option except to send her along with her parents / respondents 4 and 5. Accordingly, the detenue is permitted to go along with her parents / respondents 4 and 5. However, the petitioner can work out his remedy in the appropriate Court, if so advised. 5.With the above observation, the Habeas Corpus Petition is disposed of. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Inspector of Police, All Women Police Station, Dindigul, Dindigul District. 3.The Inspector of Police, All Women Police Station, Ooty Town, Nilgiri District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.N.Sathish Babu, Advocate, Sr.No.23805 HCP(MD)No.545 of 2011 19.07.2011 km SMA/29.07.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/