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2025 Supreme(Online)(Mad) 69089

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
SAKTHIVEL – Appellant
Versus
The Superintendent of Police – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 20.11.2025 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2396 of 2025 Sakthivel .. Petitioner Versus

1. The Superintendent of Police Perambalur District

2. The Inspector of Police Mangalamedu Police Station Perambalur District

3.Ranjith @ Ranjithkumar .. Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, directing the 2nd respondent to produce the petitioner's wife namely Pushpa, aged about 30 years and his two minor daughters namely Sahanasri aged about 9 years and Sadhanasri aged about 6 years before this Court and set them at liberty.

For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Damodaran for R1 & R2 Additional Public Prosecutor assisted by M.Karthikeyan O R D E R (Order of the Court was made by N.SATHISH KUMAR, J.

This petition has been filed directing the 2nd respondent to produce the petitioner's wife namely Pushpa, aged about 30 years and his two minor daughters namely Sahanasri aged about 9 years and Sadhanasri aged about 6 years before this Court and set them at liberty.

2. According to the petitioner, on 25.10.2025, petitioner's wife went for work and their children went for school, however, not returned to home. Hence, the petitioner lodged a complaint before the respondent police and FIR was registered in Cr.No.445 of 2025 under 'Woman missing and girl missing'. Hence, this petition.

3. The learned Additional Public Prosecutor, on instructions, submitted that the petitioner's wife has eloped with respondent No.3 along with her children.

4. Considering the fact that the petitioner's wife has eloped on her own volition, we are of the view that she is not in illegal custody. Such view of the matter, it is for the petitioner to work out his remedy for restitution of conjugal rights before the competent court.

5. Accordingly, this Habeas Corpus Petition is closed.

[N.S.K.,J.] [M.J.R.,J.]

20.11.2025 Index: Yes/No Neutral Citation: Yes/No dhk To

1. The Superintendent of Police Perambalur District

2. The Inspector of Police Mangalamedu Police Station Perambalur District

3.The Public Prosecutor Madras High Court.

N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., dhk H.C.P.No.2396 of 2025

20.11.2025

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