H.C.P.No.346 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

H.C.P.No.346 of 2023

Mr.A.Ragupathi

S/o.Amirthalingam

..

Petitioner/

Husband of detenu

Vs.

1.

The Superintendent of Police

Superintendent of Police Office

Tiruppur District

2.

The Inspector of Police

Udumalaipettai Police Station

Udumalaipettai

Tiruppur District

3.

Mr.John

..

Respondents

Petition filed under Article 226 of the Constitution of India praying

for issuance of a writ of habeas corpus to direct the second respondent to

produce the detenu by name R.Vasantha, aged about 23 years, wife of

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H.C.P.No.346 of 2023

A.Ragupathi, now in illegal detention of the third respondent and set her at

liberty.

For Petitioner

:

Mr.T.Elumalai

For Respondents

:

Mr.S.Raja Kumar

Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.NIRMAL KUMAR, J.,]

The petitioner, husband of one R.Vasanthi has lodged a complaint

with first and second respondents stating that he knows Vasanthi for the past

three years and they had love affair and they belong to different religion and

community. While so, on 03.06.2022, both of them got married in a

Murugan Temple against the wishes of their parents.

2 .It is further stated by the petitioner that the petitioner's wife

conceived and during her fifth month pregnancy, third respondent, father of

Vasanthi, informed that Vasanthi's mother is not well and called her to visit

her mother. The third respondent promised that he will send Vasanthi

within a week's time. Thereafter, Vasanthi not returned. When the

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H.C.P.No.346 of 2023

petitioner contacted his mother-in-law, the third respondent took the phone,

abused the petitioner and informed the petitioner that his daughter will not

continue her married life with a Hindu and they would make arrangement

for her daughter as per their religion and custom. Hence, the petitioner

sensing illegal detention of his wife Vasanthi filed the present petition

seeking production of his wife Vasanthi before this Court.

3. Today, the petitioner as well as his wife Vasanthi and his parents-

in-laws (third respondent and his wife) are present.

4. We had interaction with the petitioner, his wife as well as third

respondent. Vasanthi is willing to join her husband and further informed

that her pregnancy got aborted due to travel, tension and for other reasons.

5. We had interaction with third respondent also, who informed that

his daughter is willing to stay with her parents. However, when we

interacted again with Vasanthi, she submitted that she wanted to go with her

husband and requested her certificates, which is retained by the third

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H.C.P.No.346 of 2023

respondent. Certificates now handed over by the third respondent to

Vasanthi. Since Vasanthi is willing to join the petitioner and both of them

are major, Vasanthi to join her husband. It is made clear that third

respondent will not attempt any forcible action, threat or by any other means

and shall not interfere with their matrimonial life. The jurisdictional police

to ensure the safety of the petitioner and Vasanthi and give protection to

them if so required.

With the above direction, this Habeas Corpus Petition is disposed of.

(M.S.,J.)

(M.N.K.,J.)

13.03.2023

Index : Yes / No

Speaking / Non-speaking

Neutral Citation : Yes / No

gpa

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H.C.P.No.346 of 2023

To

1.

The Superintendent of Police

Superintendent of Police Office

Tiruppur District

2.

The Inspector of Police

Udumalaipettai Police Station

Udumalaipettai

Tiruppur District

3.

The Public Prosecutor

High Court, Madras.

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H.C.P.No.346 of 2023

M.S