BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 02.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

AND

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

H.C.P(MD)No.1457 of 2025

Priya ... Petitioner/Wife of the detenu

Vs.

1.State of Tamil Nadu,

Represented by,

The Superintendent of Police,

Office of the Superintendent of Police,

Thoothukudi.

2.The Deputy Superintendent of Police,

Office of the Deputy Superintendent of Police,

Kovilpatti.

3.The Inspector of Police, Kovilpatti Police Station,

Kovilpatti. ... Respondents

PRAYER:- Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents

herein to produce the body or person of the petitioner's husband namely Karthick, S/o.Jeyakumar, male, aged about 30 years, before this Court and set him at liberty.

For Petitioner : Mr.K.M.Mohammed Ali For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.)

This Habeas Corpus Petition has been filed seeking a direction to the respondents to secure and produce the petitioner's husband, namely Karthick, before this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The petitioner got married to Karthick and gave birth to a child. While so, her husband went missing from the matrimonial home and the petitioner lodged a complaint. On receipt of the same, the third respondent registered an F.I.R in Crime No.660 of 2025 under 'man missing' on 05.11.2025. Even thereafter, the third respondent did not take any action and as such, the petitioner has filed this petition.

4.During the course of investigation, the third respondent secured the petitioner's husband and produced him before this Court.

5.The detenu deposed before this Court that he is ready and willing to live with the petitioner in the matrimonial home. 6.The petitioner also appeared before this Court and deposed that she is also willing to live with her husband in the matrimonial home. She further deposed that her husband had illegal intimacy with another woman and as such, he did not take care of the petitioner in the matrimonial home, due to which she left the matrimonial home and is now residing in her parents' house. However, she stated that she is ready and willing to go to the matrimonial home along with her husband.

7.Recording the said submission, this Habeas Corpus Petition is closed. It is made clear that if there is any matrimonial dispute between the petitioner and her husband, the petitioner is at liberty to approach the Family Court for appropriate relief. Further, she is also at liberty to lodge a complaint before the third respondent for any offence committed by her husband.

[G.K.I.J.,] & [K.R.J.,]

NCC :Yes/No 02.01.2026 Index :Yes/No ps To

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kovilpatti.

3.The Inspector of Police, Kovilpatti Police Station, Kovilpatti.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K. ILANTHIRAIYAN, J.

AND KRISHNAN RAMASAMY, J.

ps

02.01.2026