K HARIDASS Vs. COMMISSIONER OF POLICE GREATER CHENNAI

JUDGEMENT

(1.) 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.