BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA HCP(MD) No.112 of 2026 Umapathi ... Petitioner -vs-

1. The Superintendent of Police Madurai District Madurai

2. The Deputy Superintendent of Police Melur Sub Division, Madurai District

3.The Inspector of Police Melur Police Station, Madurai District ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeus Corpus directing the respondents to produce the detenu or her corpus namely Moogambigai , W/o.Umapathi aged about 35 years, Swashiga aged about 15 years and Aswath aged about 10 years before thisCourt and set her at liberty forthwith For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For detenue : Mr.Samuel Gunasingh

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]

The prayer in the petition is to direct the respondents to produce the detenu or her corpus namely Moogambigai , W/o.Umapathi aged about 35 years, Swashiga aged about 15 years and Aswath aged about 10 years before this Court and set her at liberty forthwith.

2. The petitioner got married the first detenue and gave birth to two children who are the second and third detenus. While being so, his wife and two children went to their parents home on 29.12.2025 and thereafter they did not return back to matrimonial home and their whereabouts are not known. Therefore the petitioner lodged complaint before the third respondent. On receipt of the said complaint, the third respondent conducted enquiry and found the wife of the petitioner along with children are residing separately at Melur. However she did not want to go back to the matrimonial home due to the torture and harassment made by the petitioner. Two children were produced before this Court and they deposed that due to the ill treatment of the petitioner they went away. She also made several allegations as against her parents and her brother alleging that the jewels of the petitioner's wife are looted by her brother for which he also given signed cheque leaf. Further the personal belongings of the petitioner's wife, school bags and educational certificate of the children are in the possession of her parents.

3. Therefore this court by an order dated 05.02.2026 directed the third respondent to provide adequate police protection to the petitioner's wife to take her belongings from her parent's house. Though she had taken her belongings she found some things missing including the cheque leaves. Further the complaint lodged by the wife of the petitioner was also closed on 30.01.2026 without enquiry.

4. In view of the same, the third respondent is directed to register First Information Report for missing of the personal belongings of the petitioner's wife as against the accused persons forthwith and proceed with the investigation in accordance with law. The petitioner is directed to co-operate with the investigation done by the third respondent.

5. The wife of the petitioner also deposed that for some time she wants to stay away with the children till completion of her daughter's 10^th standard examination and thereafter she will join with the petitioner.

6. With the above direction, the Habeus Corpus Petition stands disposed of .

7. List the matter on 20.02.2026 'For reporting compliance'.

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

06.02.2026 Index: Yes/No NCC: Yes/No aav Note: Issue order copy on 06.02.2026 To

1. The Superintendent of Police Madurai District Madurai

2. The Deputy Superintendent of Police Melur Sub Division, Madurai District

3.The Inspector of Police Melur Police Station, Madurai District

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

G.K.ILANTHIRAIYAN,J.

and R.POORNIMA,J.

06.02.2026