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Madras High Court

M.A.Abdul Samad vs The Inspector Of Police on 23 September, 2019

Author: M.M.Sundresh

Bench: M.M.Sundresh

                                                                               HCP No 2077 of 2019

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 23.09.2019

                                                           Coram

                                       The Hon'ble Mr. Justice M.M.SUNDRESH
                                                           and
                                     The Hon'ble Mr. Justice RMT. TEEKAA RAMAN

                                              H.C.P. No. 2077 of 2019


                      M.A.Abdul Samad                                           ... Petitioner

                                                           -vs-


                      The Inspector of Police
                      Chitlapakkam Police Station,
                      Jothi Nagar, Chitlapakkam,
                      Chennai – 600 064.                                        ... Respondent



                             Petition filed under Article 226 of the Constitution of India, to
                      issue a Writ of Habeas Corpus directing the respondent to trace out
                      petitioner's wife Mrs.Sara Wa Hajira, age 37 years, produce her before
                      this Court and set her at liberty.


                                      For Petitioner       : Mr.S.Nambi Arooran

                                      For detenue
                                                           : Mr. Vasudevan

                                      For Respondents          Mr.R.Prathap Kumar
                                                           :
                                                               Addl. Public Prosecutor




                      Page 1 of 4


http://www.judis.nic.in
                                                                                 HCP No 2077 of 2019



                                                          ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Inter alia, alleging that the wife is in the illegal detention, the petitioner, being the husband, has filed the present Habeas Corpus Petition.

2. When the matter is taken up for hearing, the learned counsel appearing for the wife/detenue submitted that by way of 'khula' dated 30.08.2016, the wife of the petitioner has divorced him. Thereafter, she has re-married on 07.07.2019 pursuant to which, she is living with the new husband.

3. The learned counsel appearing for the petitioner has submitted that the petitioner is not put on notice about the 'khula' dated 30.08.2016. We are not inclined to go into the said issue. Suffice it to state that there is no illegal detention involved.

4. Admittedly, there is no illegal detention involved. The detenue viz., Mrs.Sara Wa Hajira, has also re-married. Thus, looking from any perspective, we do not find any illegal detention involved in this case.

http://www.judis.nic.in  HCP No 2077 of 2019

5. Accordingly, the Habeas Corpus Petition stands dismissed.

However, we have not expressed anything on the merits of the case qua 'khula'.

(M.M.S.,J.) (T.K.R.,J.) 23.09.2019 Index : Yes / No mmi/ssm To

1.The Inspector of Police Chitlapakkam Police Station, Jothi Nagar, Chitlapakkam, Chennai – 600 064.

2.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in  HCP No 2077 of 2019 M.M.SUNDRESH, J.

and RMT. TEEKAA RAMAN, J.

(ssm) H.C.P. No. 2077 of 2019 23.09.2019 Page 4 of 4 http://www.judis.nic.in