INDIRA Vs. CHINNAIYA

JUDGEMENT

(1.) THE petitioner by name Indira has filed this petition seeking to issue a writ of hebeas corpus, directing the respondents to produce her husband Babu before this Court and set him at liberty.

(2.) IN para 3 of the affidavit filed in support of the above petition, the petitioner has stated that she married the detenu as per Hindu rites and customs by tieing a thali in temple on 27. 06. 2005. It is also stated that, after marriage, they were living together at No. 47, Manjakollai Street, aminjakarai, Chennai 600 029. While so, according to the petitioner, since her husband's father was against their marriage and was giving pin-pricks to her and family members, the detenu, her husband, left her company. It is further stated that when she went and enquired, the second respondent, her father-in-law, threatened and informed that though the detenu was there, refused to send him and even refused her to enter inside the house. In such circumstances, she made a compliant to the first respondent on 16. 02. 2006 and the same was registered as Crime No. 125 of 2006. Though the first respondent is free to pursue the compliant, on going through the averments made in the affidavit, we are of the view that proper remedy for the petitioner is to enforce her right before the appropriate forum and the same cannot be gone into by this Court in habeas corpus petition. Accordingly, this petition fails and the same is dismissed with a liberty to the petitioner to approach the appropriate Court to vindicate her grievance.