1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.819 of 2011 P.Iyyappan .. Petitioner Vs. State rep.by, 1.The Commissioner of Police, Madurai City. 2.The Inspector of Police, Tallakulam Police Station, Madurai. 3.Kaja .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the person of the petitioner's wife, the detenue, namely Subbulakshmi, aged 23 years, before this Court and set her at liberty. For petitioner : Mr.M.Sheik Abdullah For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 & R2 Mr.C.Jeyaprakash for R3 ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J.) This Habeas Corpus Petition is filed by the petitioner to direct the respondents 1 and 2 to produce his wife/the detenue, by name Subbulakshmi, aged 23 years, before this Court and set her at liberty, alleging that the detenue is under the illegal custody of the third respondent. 2.The petitioner herein is the husband of the detenue- Subbulakshmi. It is alleged by the petitioner in the affidavit filed in support of this petition that the petitioner and the detenue got married on 16.05.2010 according to Hindu rites and customs. Further it is stated that the detenue is working at Lady Dock College, Madurai as Lab Assistant. Subsequently, there was misunderstanding between the petitioner and the detenue, and the detenue was found missing. It is further alleged in the https://hcservices.ecourts.gov.in/hcservices/ 2 affidavit that the third respondent herein has kidnapped the detenue. It is also stated that the petitioner sent a written complaint to the second respondent-Police. Since no sincere steps were taken by the police to trace out his wife, the petitioner has come forward before this Court by way of filing the present Habeas Corpus Petition. 3.Today, the detenue-Subbulakshmi appeared in person before us. When we enquired, the detenue categorically stated that she is not willing to go along with the petitioner herein/her husband and that she is not under the illegal custody of anyone. 4.Since the detenue being a major, has expressed her unwillingness to go along with her husband/the petitioner herein, and that she is not under the illegal custody of anyone much less the third respondent, recording her statement, the Habeas Corpus Petition is closed as nothing further remains to be considered. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Commissioner of Police, Madurai City. 2.The Inspector of Police, Tallakulam Police Station, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One Cc to Mr.M.Sheik Abdullah, Advocate, SR.No.32196 KM rl/5 c- 29.9.2011 HCP(MD)No.819 of 2011 20.09.2011 https://hcservices.ecourts.gov.in/hcservices/