A.RAVI Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The father of the alleged detenu is the petitioner in this Habeas Corpus Petition. Contending that his daughter R.Divya, aged 25 years, is in the illegal custody of the third respondent, the petitioner has chosen to file this Habeas Corpus Petition for a direction in the nature of a Writ of Habeas Corpus for the production of his daughter before this Court and to set her at liberty.

(2.) It is an admitted fact that the daughter of the petitioner was not living with the petitioner and she was employed in an IT Company at Chennai. It is also an admitted fact that she is married and is a mother of a girl child. The husband of the alleged detenu is employed in Dubai.

(3.) The learned Additional Public Prosecutor, who has taken notice on behalf of the first and second respondents, on instructions, submits that R.Divya, W/o.Muraleeswaran (daughter of the petitioner) has filed a H.M.O.P., bearing H.M.O.P.No.511 of 2015 on the file of the Sub Court, Poonamallee, for dissolution of marriage against her husband Muraleeswaran and the first hearing has been fixed as 12.01.2016. The learned Additional Public Prosecutor also produced a copy of the petition in H.M.O.P. for the perusal of this Court. From the said information furnished and from the copy of the petition in H.M.O.P., it is quite obvious that R.Divya is residing at Jeni Home Ladies Hostel at Avadi, Chennai, within the jurisdiction of Poonamallee Sub Court and she chose that jurisdiction to file the H.M.O.P. for divorce.