IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16-12-2009 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH HCP No.2298 of 2009 M.Periyasamy .. Petitioner vs 1.The District Superintendent of Police Office of the District Superintendent of Police Thiruvannamalai District Thiruvannamalai 2.The Inspector of Police Mangalam Police Station Mangalam, Thiruvannamalai Taluk and District 3.Chakkarapani .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the respondents to produce the petitioner's wife Mrs.Ellamma aged about 35 years, the petitioner's son P.Anbu aged about 7 years and the petitioner's daughter Thilagavathy aged about 3 years and set them free by handing over the custody of the children to the petitioner. For Petitioner : Mr.D.Govinda Reddy For Respondents : Mr.V.R.Balasubramaniam Additional Public Prosecutor for RR1 & 2 ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) Seeking a writ of habeas corpus one Mr.Periyasamy has brought forth this petition for the production of his wife, son and daughter. 2.The Court heard the learned Counsel for the petitioner and the affidavit in support of the petition is also perused. 3.As could be seen from the averments made and the submissions of the learned Counsel, the petitioner got married one Ellammal as a result of which they have got two children one female and one male, and both are actually put in school, and they were carrying on the https://hcservices.ecourts.gov.in/hcservices/ education, and while so, on 30.6.2009, when he returned to his house, he found all of them missing, and he gave a complaint on 4.7.2009, and thereafter, he gave another complaint on 28.8.2009; but, no steps have yet been taken, and under the circumstances, he has brought forth this petition before this Court. 4.Apart from the above, it could also be seen that the marital relationship between the spouses became strained which compelled him to file HMOP No.39 of 2005 under Sec.13(1)(a) of the Hindu Marriages Act, 1957, for dissolution of marriage on the ground of cruelty. 5.At this juncture, the learned Counsel on a query, would answer that the said petition was dismissed for non-prosecution; that there was a panchayat convened; that they were living together, and thereafter, she left the matrimonial home. 6.Now it could be seen that both the children who are minors, are in the custody of the mother, the alleged first detenue. That apart, the circumstances would also indicate that now she is living along with the children, and the petitioner seeks custody of not only his wife, but also both the children. In such circumstances, if so advised, he can approach the Court of civil law for restitution of conjugal rights and also for other remedies which are open to him in the eye of law. Hence, no question of invoking the writ jurisdiction of this Court for grant of the said relief would arise. This Court is of the view that this petition requires an order of dismissal, and accordingly, it is dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar nsv To: 1.The District Superintendent of Police Office of the District Superintendent of Police Thiruvannamalai District Thiruvannamalai 2.The Inspector of Police Mangalam Police Station Mangalam, Thiruvannamalai Taluk and District 3.The Public Prosecutor, High Court, Madras. 1 cc To Mr.D.Govinda Reddy, Advocate, SR.69143 HCP No.2298 of 2009 AKR(CO) sra 23.12.2009 https://hcservices.ecourts.gov.in/hcservices/