H.C.P.(MD)No.45 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

and

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

H.C.P.(MD)No.45 of 2022

V.Malarmannan

... Petitioner /

Husband of the detenue

Vs.

1.The Superintendent of Police,

Madurai City,

Madurai.

2. The Inspector of Police,

Melur Police Station,

Maduria District.

(In Crime No.532/2021)

... Respondents

PRAYER: Habeas Corpus Petition filed under Article 226 of the

Constitution of India to issue a Writ of Habeas Corpus, to direct

the respondents 1 and 2 to produce the body or person of the

detenue, namely, Pandiselvi @ Brindha, wife of V.Malarmannan, aged

about 34 years before this Court and set her at liberty.

For Petitioner : Mr.S.Ramasamy

For Respondents : Mr.S.Ravi

Additional Public Prosecutor

O R D E R

S.VAIDYANATHAN, J.

And

DR.G.JAYACHANDRAN, J.

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

The petitioner, who is the husband of one Pandiselvi @ Brindha,

alleging that his wife was missing from home since 15.08.2021, has

filed the present Habeas Corpus Petition after lodging a complaint

before the second respondent police, which was registered as Crime

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H.C.P.(MD)No.45 of 2022

No.532 of 2021 under 'woman missing'. In the affidavit, it is

contended that the petitioner married Pandiselvi in the year 2006

and have two children, one aged 13 years and another, aged 11 years.

While so, suddenly she has gone missing.

2. The learned Additional Public Prosecutor would submit that

the wife of the petitioner has eloped with one Manikandan, son of

Asokan, who is her erstwhile lover. This is the second time she has

eloped with him and the information received by the police indicates

that she is living with the said Manikandan somewhere near

Coimbatore.

3. The petitioner herein has suppressed the earlier episode of

elopement, which was taken for investigation by the second

respondent police in the month of August, 2020 in CSR No.1699 of

2020.

4. In the said circumstances, this Court is of the view that

the petitioner has to work out his remedy before the appropriate

forum and not trouble the police to bring back his estranged wife,

who has eloped on her own.

5. With the above observation, this Habeas Corpus Petition

stands dismissed.

Sd/-

Assistant Registrar (CS-II)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

PJL

Note:In view of the present lock down owing to COVID-19 pandemic, a

web copy of the order may be utilized for official purposes, but,

ensuring that the copy of the order that is presented is the

correct copy, shall be the responsibility of the Advocate/litigant

concerned.

To

1.The Superintendent of Police,

Madurai City,

Madurai.

2. The Inspector of Police,

Melur Police Station,

Maduria District.

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H.C.P.(MD)No.45 of 2022

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

H.C.P.(MD)No.45 of 2022

20.01.2022

RK/CK(03/02/2022) 3P 4C

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