J RAMAMURTHY Vs. INSPECTOR OF POLICE LAW

JUDGEMENT

(1.) (PETITION filed under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus as stated therein.)The petitioner, by name, J. Ramamurthy has filed this petition seeking direction to the respondents to produce his son J. Krishnamurthy before this Court.

(2.) PURSUANT to the direction of this Court, detenu J. Krishnamurthy appeared before us. We enquired him. According to him, he married one Mahalakshmi, daughter of 4th respondent in the month of February, 2004. He further informed us that due to some misunderstanding they were living separately and on the direction of 4th respondent he was taken to the custody of 4th respondent. He also informed us that he is not willing to live with his wife due to various reasons and by force he was detained by the 4th respondent with the help of several other person.

(3.) THOUGH the wife of the detenu by name Mahalakshmi is not a party to this petition, as she is also present in the Court, we enquired her. She expressed her desire to live with her husband, the detenu. However, in view of the attitude of the detenu, we are of the view that the detenu and his wife Mahalakshmi have to work out their remedy before the appropriate forum; the detenu is set at liberty. With the above observation, this petition is closed.