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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM & THE HONOURABLE MR. JUSTICE V. DHANAPALAN
Rajkumar - Appellant
Versus
Inspector of Police Maduravoyal Police Station & Another - Respondents
Habeas Corpus Petition No.522 of 2006
Decided On : 27 June 2006
Habeas Corpus - Detention of Wife - The court directed the respondent to produce the detenue, the wife of the petitioner, who was found to be a major and willing to continue her marital life with the petitioner. The detenue was set at liberty and permitted to continue her life with the petitioner.
Fact of the Case:
The petitioner filed a petition seeking the production of his wife, who was allegedly detained illegally by the respondent. The detenue appeared before the court and expressed her willingness to continue her life with the petitioner. The petitioner assured the court that he would take care of his wife.
Finding of the Court:
The court found that the detenue was a major and willing to continue her marital life with the petitioner. Considering these circumstances, the court set the detenue at liberty and permitted her to continue her life with the petitioner.
Issues: Detention of the wife, assertion of the detenue's willingness to continue marital life, petitioner's assurance to take care of his wife.
Ratio Decidendi: The court's decision was influenced by the detenue's status as a major and her expressed willingness to continue her marital life with the petitioner, as well as the petitioner's assurance to take care of his wife.
Final Decision: The Habeas Corpus Petition was disposed of with the detenue being set at liberty and permitted to continue her marital life with the petitioner.
(Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to direct the second respondent to produce the detenue, the wife of the petitioner Vidhya, who is detained illegally by the second respondent before this Court, and set her at liberty forthwith)
P. Sathasivam, J.
The petitioner, by name Rajkumar, has filed this petition seeking direction to the second respondent to produce the detenue viz., Vidhya , his wife, before this Court, who is detained illegally by him and set her at liberty.
2. Pursuant to the direction of this Court, the detenue Vidhya has appeared before us. We enquired her. According to her, she is a major since her date of birth being 14.06.1998. She also informed us that she married the petitioner on 05.05.2006. She also prefers to continue her life with the petitioner-husband. Taking note of the assertion of the detenue and she being a major as on date, we permit her to continue her life with the petitioner.
3. The petitioner Rajkumar also appeared before us. On our enquiry, he assures that he will take care of his wife, who is the detenue.
4. This statement is also hereby recorded. In view of the above circumstances, the detenue Vidhya is set at liberty and she is free to continue her marital life with the petitioner.
5. The Habeas Corpus Petition is disposed of on the above terms.
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