T. GEETHA Vs. INSPECTOR OF POLICE AND OTHERS

JUDGEMENT

(1.) THE petitioner, one Mrs.T.Geetha, brought forth this writ petition for the issuance of habeas corpus alleging that her marriage with one Thiruvenkatasundaram, the alleged detenu, took place on 11.11.2001 and they were living together. When she was cruelly treated and harassed for the dowry, she lodged a complaint before the All Women Police Station, Palayamkottai and a case was registered in Crime No.3/2005. This was taken on file in C.C.No.203/2005 by the Judicial Magistrate No.1, Tirunelveli and on trial, he was acquitted.

(2.) SUBSEQUENTLY , the said Thiruvenkatasundaram filed a petition in H.M.O.P.No.151/2004 before the First Additional Subordinate Judge, Tirunelveli and an ex -parte decree of the divorce came to be passed and it was also challenged by the petitioner in C.R.P.No.804 of 2007 on the file of this Court and the same is also pending. On appearance, the Court directed both the parties to appear before the Mediation and Conciliation Centre. Accordingly, the matter was posted before the Mediation Centre on 1.4.2008 but he did not appear and the matter was again posted on 28.4.2008 then also he did not appear.

(3.) APART from that a complaint was given by the petitioner against that Thiruvenkatasundaram alleging that he developed illicit intimacy with the second respondent. Equally, the husband of the second respondent also gave a complaint against the second respondent. Both were enquired by the Assistant Commissioner, Tirunelveli City. It was stated that the said Thiruvenkatasundaram and the second respondent were living in the same street and there was only friendly relationship and the allegations were false. In view of the same, the case was closed.