S RAMALAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner claims to be the wife of one Muthuraja. According to her, the marriage between them was solemnized on 24.06.2001. After the marriage, she further claims, they were living together as husband and wife. On 15.09.2010, the petitioner came down to Madeena Nagar, Vava Nagar, Sengottai Taluk and started residing there. She would further state that out of the said wedlock, she has got no issue. Her husband-Muthuraja used to go to various places on account of his work. While so, during the month of January 2010, the petitioner claims that she lastly saw him alive. On the next day of pongal, he told the petitioner that he was going out in connection with his job. While so, according to her, on 15.09.2010 in "Malai Murasu" Daily, as well as in "Dinakaran" Daily on 16.09.2010, there were news items stating as though her husband Mr. Muthuraja was murdered in Malaysia. In the newspapers, it was also reported that in respect of the death of Muthuraja, a woman by name Usharani, claims herself to the wife of Muthuraja, had given a complaint. Thereafter, according to her, she made enquiries with her father-in-law and mother-in-law about the whereabouts of her husband. Since she had doubt about the above news appeared in the newspapers, she preferred a complaint to all the respondents, but no action whatsoever was taken. With this allegation, the petitioner has come up with this Habeas Corpus Petition seeking a direction to the respondents to produce the body or person of her husband Muthuraja, aged 38 years, and set him at liberty.

(2.) The Superintendent of Police, Thoothukudi District has filed a Status Report (undated), wherein he has narrated the steps taken by the Police to find out the truth of the allegation. It has also been stated that in order to ascertain the identity of the deceased in Malaysia, D.N.A. Test is also pending, and the local police is in touch with the Malaysian Police in this regard.

(3.) The learned Additional Public Prosecutor would further submit that so far no case has been registered by the Tamil Nadu Police, probably because of the confusion as to whether the local police has got jurisdiction. Today, he would submit that as per the advise taken from the legal experts, the fourth respondent will direct the Jurisdictional Police to register a case in this regard. The said statement is recorded.