IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14-9-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN H.C.P.No.1742 of 2010 A.Mohamed Shakir .. Petitioner vs 1.The Commissioner of Police Chennai City Egmore, Chennai 600 008. 2.State: rep. By Inspector of Police H-1 Police Station Washermenpet, Chennai 600 021. .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the Second respondent herein to produce the body of the petitioner's wife S.Zeenath Begum, W/o. A.Mohamed Shakir aged 19 years, the detenue before this Court and set her at liberty. For Petitioner : Mr.Md.Ashfaq Rafi For Respondents : Mr.Babu Muthu Meeran Additional Public Prosecutor ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) Invoking the writ jurisdiction of this Court, one Mr.Mohamed Shakar aged 39, has brought forth this petition for the production of his wife Zeenath Begum aged 19. 2.The Court heard the learned Counsel for the petitioner and also looked into the affidavit in support of the petition. 3.The case of the petitioner is that the marriage between the petitioner and the alleged detenue aged 19, took place on 25.5.2010; that they were living happily; but, there was a disturbance by the mother-in-law who came over to his house, picked up a quarrel and took her; that thereafter, a complaint was given to the police; that the police officials called both of them and advised not to disturb them; that after sometime, again his wife was kidnapped by the mother-in-law; that under the circumstances, he has given another complaint to the first respondent on 1.7.2010; but, no steps have https://hcservices.ecourts.gov.in/hcservices/ been taken, and hence this petition is brought forth before this Court for the production of his wife. 4.The Court heard the learned Additional Public Prosecutor. According to him, it is true that both were called, and they were advised. 5.From the submissions made, it could be seen that she was only aged 19, and the petitioner is 39 years old. All the allegations are against the mother-in-law. Now, it would be quite evident that the wife of the petitioner is living with her mother, who is the mother- in-law of the petitioner. In such circumstances, this Court is of the view that it is not a fit case to consider the request of the petitioner for the issuance of a writ of habeas corpus by invoking the writ jurisdiction, and if advised, he must approach the appropriate forum for necessary relief. With this observation, this petition is disposed of. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar nsv To: 1.The Commissioner of Police Chennai City Egmore, Chennai 600 008. 2.The Inspector of Police H-1 Police Station Washermenpet, Chennai 600 021. 3.The Public Prosecutor High Court, Madras. 1 cc To Mr.S.Jayaseelan, Advocate, SR.67686. H.C.P.No.1742 of 2010 JRG(CO) RVL 24.09.2010 https://hcservices.ecourts.gov.in/hcservices/