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2013 DIGILAW 58 (MAD)

Chithirakannan v. District Superintendent of Police

2013-01-03

M.JAICHANDREN, S.NAGAMUTHU

body2013
Judgment :- M. Jaichandren, J. 1. This Habeas Corpus Petition has been filed praying that this Court may be pleased to produce the detenue, namely, Revathi, aged about 34 years, as well as her minor daughter, namely, Madhumitha, aged about 8 years, before this Court and to set them at liberty. 2. Today, when the matter was listed for hearing, the second respondent police have produced the detenue and her daughter, before this Court. On enquiry, the detenue, the wife of the petitioner, had stated that she is living with her mother, namely, Saraswathy, the sixth respondent herein, along with her daughter, at Manapparai. She had further stated that the petitioner had filed HMOP NO.234 of 2011, before the Subordinate Judge, Pudukottai, for restitution of conjugal rights and the matter is pending adjudication. 3. In such circumstances, this Court is of the view that the present Habeas Corpus Petition is devoid of merits and therefore, it is liable to be dismissed. Hence, the Habeas Corpus Petition is dismissed. However, it is made clear that it would be open to the petitioner to pursue the HMOP No.234 of 2011, before the Sub Court, Pudukottai, in accordance with law.