G. SOWMYASRI Vs. SUPERINTENDENT OF POLICE, PUDUKOTTAI

JUDGEMENT

(1.) THE petitioner claims to be the wife of one Mr.Gopinath @ Chellappa. According to the detenue, even before the marriage, they had fallen in love because of the closeness. She has also become pregnant. Thereafter, on 8.7.2012, marriage was celebrated between the petitioner and Gopinath in Sivan Kovil at Thirumayam. The said marriage was also registered but after the marriage, according to the petitioner, Mr.Gopinath has been illegally detained by the respondents 3 and 4 from 02.10.2012. In this regard, she has made a complaint to the third respondent police. The case has been registered in Crime No.08/2012 but no steps were taken to secure the detenu, Mr.Gopinath. With these allegations, the petitioner is before this Court with this Habeas Corpus Petition.

(2.) WHEN the Habeas Corpus Petition is taken up for hearing today, the detenu has appeared on his own before this Court, being represented by Mr.M.Karunanidhi, the learned counsel. On enquiry, he would state that there was no such marriage at all between him and the petitioner. He would also state that there is no illegal detention by respondents 4 and 5. As a matter of fact, according to him, he is only residing on his own with his parents. The said statement is recorded.

(3.) IN our considered opinion, whether the marriage is true and valid cannot be gone into in this Habeas Corpus Petition. Matrimonial disputes between the parties are to be decided by a Civil Court. If the petitioner is entitled for any relief, it is for her to work out before the Civil Court. In this Habeas Corpus Petition, since we find that there is no illegal detention, no relief could be granted to the petitioner. Hence, the Habeas Corpus Petition stands dismissed.