High CourtsDivision Bench(2010) 04 MAD CK 0132

K. Haridass vs The Commissioner of Police, The Inspector of Police and K. Santhosh Kumar, Proprietor, Kalyan Traders

Madras High Court · Decided on 5 April 2010

HON’BLE JUDGES
M. Chockalingam, J · C.S. Karnan, J
CASE NUMBER
H.C.P. No. 474 of 2010

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Judgment

15 paragraphs · 329 words

M. Chockalingam, J.—Invoking the writ jurisdiction of this Court, one Haridass has brought forth this petition alleging that he got married

with the alleged detenue Manjula Kumari on 26.10.2003, as a result of which a female child was born; that now the child is aged 5 and has been

put in St. Mary''s Nursing School, Sembium, Chennai; that while the matter stood thus, his wife along with the child was found missing from

7.3.2010 onwards; that he gave a complaint to the second respondent police; that a case came to be registered in Crime No. 122 of 2010 for

woman and child missing; that for a longtime, he could not find them; that he came to know that she has taken Rs. 50000/- from her bank account

and the third respondent was responsible for her missing; that though it was informed to the second respondent police, they have not taken any

steps; and that under the circumstances, he came before this Court with this petition for a writ of habeas corpus.

2.

When the matter is taken up for enquiry, the second respondent police produced her along with the child. She is also enquired. According to

her, she is 32 years old, and the child is 5 years old, and it is true that she has been living with the petitioner husband, and on 7.9.2010 she had

gone over to Bangalore and was staying in the Ladies Hostel, and the third respondent has nothing to do with the allegation of missing, and it is not

correct to state that the third respondent has forcibly taken her or detained her. She has further added that she is ready and willing to go and live

with him.

3.

The petitioner is also present in Court. He is also willing to take her back.

4.

The statement of the alleged detenue Manjula Kumari is recorded. Now both have joined together along with the child. Accordingly, this habeas

corpus petition is disposed of.