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2024 Supreme(Online)(MAD) 32363

HIGH COURT OF MADRAS
Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA
Nachiyar – Appellant
Versus
The Superintendent of Police – Respondent


O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondent – Police to secure her husband, namely, Jeevandha Murugan, son of Balasubramaniam, aged 46 years, produce him before this Court and set him at liberty.

2. It is the case of the petitioner that she was married to the detenu on 14.06.2012 and that the detenu had harassed and driven her out of the matrimonial home in the year 2014. She has been living separately for the past nine years. Since she was not able to maintain herself, she filed D.V.O.P.No.17 of 2021, before the Mahila Court, Theni. By order dated 12.08.2022 of the Mahila Court, the detenu was directed to pay a sum of Rs. 6,000/- to the petitioner towards monthly maintenance. Since the detenu did not pay the monthly maintenance, the petitioner had taken steps to attach the salary of the detenu and it was reported by the employer of the detenu that he was not attending the work and thereby, the Mahila Court, Theni, had issued a non-bailable warrant of arrest to the detenue. Since the detenu is not available, the petitioner is not able to serve the non-bailable warrant

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