M. Kumar v. State Rep. by Superintendent of Police, Kancheepuram
2013-06-17
C.T.SELVAM, V.DHANAPALAN
body2013
DigiLaw.ai
JUDGMENT V. Dhanapalan, J. 1. The petitioner moved this application for a direction to the second respondent to physically bring the body of petitioner's wife, namely, Saral Dyana, aged about 28 years and petitioner's son Mithileshwar, aged about 5 years before this Hon'ble court and hand over their custody to the petitioner. 2. The learned Additional Public Prosecutor has produced the detenue, namely, Mrs.Saral Dyana, wife of the petitioner along with their son Mithileshwar. 3. On being enquired with Mrs.Saral Dyana, she has stated that both the petitioner and detenue fell in love with each other, which ended in their espousal on 02.11.2005. Out of wedlock, they were blessed with one male child on 16.04.2008, named as Mithileshwar. She also showed her inclination to go with her husband / petitioner along with her son in the event of petitioner assuring to maintain a healthy and peaceful atmosphere in the matrimonial home. 4. The petitioner / husband of detenue Mrs. Saral Dyana also undertakes to keep his wife and son in his matrimonial home and provide comfort and protection for them in order to lead a robust life. 5. Considering the fact that the couple, namely, the petitioner and detenue agreed to reunite in their wedded life, we feel it appropriate to set the detenue Mrs.Saral Dyana at liberty to go with her husband / petitioner along with her son Mithileshwar. 6. The Habeas Corpus Petition is allowed accordingly. No costs.