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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, K. Rajasekar, JJ
R.Prabhu – Appellant
Versus
The State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. petitioner seeks release of missing wife and child from alleged illegal custody (Para 1 , 2) |
| 2. wife voluntarily lives with third party and minor son is with mother (Para 3) |
| 3. no illegal detention, petition not maintainable but liberty to approach family court (Para 4) |
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]
The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his wife, namely, Malathi, aged about 32 years and son, namely, Kabish, aged about 2 years, produce them before this Court and set them at liberty.
2. The petitioner herein is the husband of the first detenue, namely, Malathi and father of the second detenu, namely, Kabish. The petitioner lodged a complaint before the respondent – Police alleging that his wife and child are found missing from 20.03.2026. On receipt of the said complaint, the respondent – Police registered a case in Crime No.143 of 2016.
3. Learned Additional Public Prosecutor appearing for the respondents 1 & 2, on instructions, submitted that the petitioner's wife has gone with the third respondent and she is living with him along with her children. In fact, on the earlier occasio
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