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HCP No.1024 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2021
Coram
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
and
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN
H.C.P.No.1024 of 2021
M.Chandru
S/o.Muruganantham .. Petitioner
Vs.
1.The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery, Chennai – 600007.
2.The Inspector of Police,
V3 JJ Nagar Police Station,
Mogappair East, Chennai – 600040.
3.Nikitha
W/o.M.Chandru
4.Manjunath
S/o.M.Mani .. Respondents
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HCP No.1024 of 2021
Habeas Corpus Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Habeas Corpus directing the first respondent
to produce the body of the petitioner’s son C.Nitheeshwaran, Minor, aged 7
years, before this Court and hand over him to the petitioner.
For Petitioner : Mr.Ralph V.Manohar
For Respondents : Mr.R.Muniyapparaj
Government Advocate [Crl.side]
*****
ORDER
[Order of the Court was made by P.N.PRAKASH, J]
This petition has been filed seeking a direction to the first respondent
to produce the body of the petitioner’s son C.Nitheeshwaran, Minor, aged 7
years, before this Court and hand over him to the petitioner.
2. It is the case of the petitioner that he was in love with Nikitha and
got married to her on 01.11.2012 at Pureeswarar Kovil, Othakalmandapam,
Coimbatore. Through the wedlock, they were blessed with a son on
18.04.2014 whom they named as Nitheeswaran. While the petitioner had
gone to Dubai on employment, it is alleged that Nikitha developed intimacy
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HCP No.1024 of 2021
with one Manjunath S/o.Mani (fourth respondent herein) and had gone
away with him. The petitioner left his employment in Dubai and returned to
India and went in search of his wife and son, but, to no avail.
3. It is the specific case of the petitioner that on 22.03.2021, he
received a phone call from one Meera Mithun, who informed him that his
wife and son are available in Door No.4/75, Nakeeran Street, East
Mogappair, Chennai – 600 024. Accordingly, the petitioner went to the said
address and met his wife and son, but, on account of a quarrel that ensued
with his wife, the petitioner returned home. It is the allegation of the
petitioner that thereafter, the whereabouts of his wife and son are not known
to him.
4. In the typed set of papers, the petitioner has enclosed a set of
colour photographs showing his wife in a very compromising position with
the fourth respondent.
5. On 02.07.2021, we passed the following order:
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HCP No.1024 of 2021
‘When the matter was taken up for hearing, the learned
Government Advocate (Crl.side) submitted that the second
respondent/police have not received any formal complaint from
the petitioner.
2. It is seen from paragraph no.5 of the affidavit filed by
the petitioner that he had last seen the child Nitheeshwaran,
aged about 7 years, at Door No.4/75, Nakeeran Street, East
Muggapair, Chennai – 600 024.
3. Therefore, we direct the petitioner to go in person and
lodge a complaint to the second respondent/police. On such
complaint being received, the second respondent/police shall
register a regular FIR for ‘woman and child missing’ and take
appropriate action.
With the above direction, this matter stands adjourned to
16.07.2021.’
6. Pursuant to our order and on the complaint given by the petitioner,
a case in Crime No.776 of 2021 on the file of J.J.Nagar, Police Station, has
been registered for ‘woman and boy missing’, on 12.07.2021.
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HCP No.1024 of 2021
7. Pursuant to the above, today, Mr.T.Janaki Raman, Inspector of
Police, J.J.Nagar Police Station along with Ms.K.S.Kavitha, Police
Constable, produced Nikitha and Nitheeswaran in person before this Court.
The petitioner and his counsel were available via Video Conferencing. The
petitioner interacted with his wife and son via Video Conferencing.
8. When we showed the photographs in the typed set of papers to
Nikitha, she candidly admitted that she earlier had an affair with Manjunath,
got married to him and got estranged from him and is not continuing any
relationship with him now. According to Nikitha, she and her son are now
residing with her mother at Door No.65, 1st Main Road, near 6th Gear
Exclusive Showroom, Sanjeevappa Colony, Mathikarai, Bangalore – 560
054 and her mobile number is 80959 77161.
9. This Court served a copy of the petition, affidavit and typed set of
papers filed by the petitioner on Nikitha and obtained her acknowledgment.
Nikitha stated that the address given by her is true and she will inform the
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HCP No.1024 of 2021
petitioner as and when if there is any change in address.
10. Nikitha stated that she needs legal assistance to file divorce
petition as she cannot afford to engage an Advocate. Therefore, we advised
her to approach the Secretary, District Legal Services Authority,
Coimbatore, for legal assistance and on she approaching, the Secretary,
District Legal Services Authority, Coimbatore, is directed to afford her legal
assistance.
11. Learned counsel for the petitioner submitted that he himself
would prepare the papers, if Nikitha is willing for divorce by mutual
consent and file the papers before the jurisdictional Court. Nikitha agreed
for divorce by mutual consent.
12. It is also open to the parties to work out their remedies with
regard to custody and visitation rights of the petitioner in respect of the
child.
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HCP No.1024 of 2021
With the above direction, the Habeas Corpus Petition stands closed.
[P.N.P., J] [R.P.A., J]
16.07.2021
Index: Yes/No
gm
To
1.The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery, Chennai – 600007.
2.The Inspector of Police,
V3 JJ Nagar Police Station,
Mogappair East, Chennai – 600040.
3.The Secretary,
District Legal Services Authority,
Coimbatore.
4.The Public Prosecutor,
High Court, Madras.
5.Mrs.Nikitha,
Door No.65, 1st Main Road,
near 6th Gear Exclusive Showroom,
Sanjeevappa Colony,
Mathikarai, Bangalore – 560 054.
Mobile : 80959 77161.
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HCP No.1024 of 2021
P.N.PRAKASH, J
and
R.PONGIAPPAN, J
gm
H.C.P.No.1024 of 2021
16.07.2021
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