R MALARVIZHI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This is a very pathetic petition. This Habeas Corpus Petition is filed by one R.Malarvizhi, who herself is a Gazetted Officer being an engineer herself presently serving as an Assistant Engineer. The detenu is her husband. His name is Avudaiyapan. He himself is an engineer and at the relevant time, he was serving as Deputy Superintendent Civil , in Neyveli Lignite Corporation at Neyveli. It seems that they were married in the year 1989 and there are two children born out of this union. From 1998, the health of the detenu started deteriorating , perhaps because of the mental illness as well as physical illness. He also suffered stroke. He was said to be treated in Appollo Hospital for which admittedly the petitioner bore the expenses. Respondents 3 and 5 are his brothers while the 4th respondent is the wife of the 3rd respondent and the 6th respondent is his brother-in-law. It so happened that after the health of the detenu started falling, the detenu perhaps due to insanity, left the house. He was found on Tirunelveli Station. He was thereafter produced before the Magistrate. who directed him to be taken to his brothers and more particularly to the 5th respondent B.Kasi. It seems that a complaint was lodged by the petitioner on 26.02.2003 with the Inspector of Police, Neyveli in respect of this and therefore investigation was taken at the instance of the first respondent. The said detenu was brought on 5.3.2003 and the parties were called including the petitioner. Ultimately it seems that the detenu husband was sent alongwith the petitioner on 5.3.2003. However, he was again called on 9.3.2003 and that is how the detenu was sent away alongwith his brother and presently he is with his brother, the 5th respondent. It is therefore claimed that since the detenu is not in a fit mental state to decide as to with whom he has to stay, his custody be restored to the petitioner who is none else but his wife.

(2.) There is another angle of this story. Obviously the detenu has to receive his terminal benefits from the Neyveli Lignite Corporation presently he is not a position to serve any further. He also is said to have some property at Tuticorin.

(3.) This petition is opposed on behalf of the brothers more particularly by the 5th respondent who want to say that he would take care of his brother and would also spend if necessary, for the treatment. When the detenu was brought before this court , this court found that the detenu was not in the fit state of mind and therefore, he was directed to be examined by the expert panel. Accordingly he was admitted to the Madras Medical College and was thoroughly examined. There is a letter on record by Prof.V.Sundaravadivelu who is the Professor of Medicine, Institute of Internal Medicine, Government General Hospital &MMC, Chennai. In his opinion, the doctors found something wrong with the neurological and psychological aspects of the concerned detenu. They also found that he had some cardiological complaints. He was also examined by Prof.V.S.Iyadorai who also found that the patient has suffered from some neurological maladies. There is lastly the report by Dr.R.Sathianathen, who in his report clearly suggests that the patient has poor insight and his judgement is impaired and he is not in a position to make correct decisions about with whom he should live at present. In the Diagnosis the expert says, "