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2010 DIGILAW 1028 (MAD)

P. Baskar v. The Commissioner of Police, Egmore, Chennai & Another

2010-03-15

C.S.KARNAN, M.CHOCKALINGAM

body2010
Judgment :- M. CHOCKALINGAM, J. 1. Invoking the writ jurisdiction of this Court, one Mr.P.Baskar has brought forth this petition to issue a writ of Habeas Corpus for production of his wife by name Subhashini @ Subha along with two children, viz., Sharan and Ajai, aged 3 years and 9 months respectively. 2. The case of the petitioner is that after the delivery of the second child, the detenue was taken to the house of her parents but he was informed by her parents on -----/2010 that his wife was missing along with the children. Therefore, a complaint was lodged before the respondent Police, Tiruvottiyur, but no steps have been taken to trace his wife and children. Under such circumstances, the petitioner is compelled to file this petition before this Court. 3. It is brought to the notice of the Court by the learned Additional Public Prosecutor appearing for the State that the detenue Subashini @ Subha is present in Court. She was called and enquired. According to her, the marriage took place on 3.2.2006 and they got two children, aged 3 years and 9 months. The delivery of the second child had taken place in the petitioners house and subsequently, the petitioner left her along with her children in her parental home at Thiruvottiyur and she was staying there with her parents. On 1.2.2010, the petitioner went to Thiruvottiyur and quarrelled with the detenue and further uttered that he would not take her or the children with him. As on today, she was staying with her parents and she did not go anywhere. It was her husband who refused to take her back to matrimonial home. 4. The Court has enquired the petitioner also. The brother of the alleged detenue was also present in Court. According to him, the detenue along with her children is now staying with them in their family. Under such circumstances, the statement of the petitioner, alleged detenue and her brother was recorded. 5. From the above statement, it is quite clear that the allegation made by the petitioner that his wife along with the children was found missing was thoroughly false. As on today, she is a major and also living along with the children in her parental home and she has also complained that the petitioner refused to take her back. 6. From the above statement, it is quite clear that the allegation made by the petitioner that his wife along with the children was found missing was thoroughly false. As on today, she is a major and also living along with the children in her parental home and she has also complained that the petitioner refused to take her back. 6. The Court is of the opinion that it is not a fit case where the Court can invoke the writ jurisdiction to grant the relief as asked for. Both the parties are advised to live peacefully hereafter. Accordingly, the Habeas Corpus Petition is disposed of.