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2025 Supreme(Online)(Mad) 8787

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K. Ilanthiraiyan, R. Poornima, JJ
Jeniferraj Johnbose – Appellant
Versus
The State of Tamilnadu – Respondent
H.C.P.(MD)No.1494 of 2025



Advocates:
For the Appellants/Petitioners: S. Mamtha
For the Respondents: R.M. Anbunithi

A Habeas Corpus petition is closed when the detenu is produced before the court and voluntarily expresses a willingness to return to the petitioner, confirming that no illegal detention occurred.

Headnote:The petition was filed under Article 226 of the Constitution of India seeking a Writ of Habeas Corpus for the production of the petitioner's wife. Due to matrimonial disputes, the detenu left the matrimonial home, stayed briefly at a hostel, and subsequently moved to another state. Following a 'Woman Missing' FIR, the police located the detenu and produced her before the court. The court focused on whether the detenu was being held against her will. Upon enquiry, the detenu stated that she had left on her own volition due to matrimonial disputes and expressed her willingness to return with the petitioner to care for their children. In view of the above, this Habeas Corpus Petition is closed.

Table of Content
1. recovery of detenu following a missing person report in a habeas corpus proceeding. (Para 1 , 2)
2. the voluntary statement of the detenu regarding their willingness to return. (Para 3)
3. closure of the petition upon the production and voluntary consent of the detenu. (Para 4)

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the body or person of the petitioner's wife Vigila Adaikala Mary, W/o.Jeniferraj Johnbose, aged about 34 years, before this Court and set her at liberty.

O R D E R

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

This Habeas Corpus Petition has been filed for a direction directing the respondents 1 & 2 to secure and produce the detenu, before this Court.

2. The detenu is the wife of the petitioner. They married and gave birth two children. Due to matrimonial dispute between them, the detenu left the matrimonial home and initially she had stayed at third respondent's hostel for one week and thereafter, she went to other State. The petitioner had lodged a complaint before the second respondent. Based on the complaint, the second respondent registered the FIR in Cr.No.575 of 2025 under 'Woman Missing'. During investigation, the second respondent found that the detenu is in other state and brought her to Tamil Nadu. Today, the second respondent produced the detenu before this Court.

3. We enquired the detenu. She stated that on her own volition, she went to other state due to matrimonial dispute between hereself and the petitioner and now she is ready and willing to go with the petitioner to lookafter their children.

4. In view of the above, this Habeas Corpus Petition is closed.

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