S PRIYA Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) INVOKING the Writ jurisdiction of this Court, the petitioner, namely, Priya, has filed this petition for issuance of a Writ of Habeas Corpus, for production of her husband, namely, Saravanan, aged about 31 years.

(2.) THE affidavit filed in support of the petition is perused. The Court heard the learned counsel for the petitioner. The case of the petitioner is that the marriage between the petitioner and the alleged detenu took place on 07. 09. 2007 and they have been living together; that he was impotent and even despite the same, she is living with him; that in the year 2008, there was a huge demand for dowry; that the alleged detenu, the husband, and also respondents 3 to 6, namely, the parents-R3 and R4 and the sister and her husband-R6 and R5, were demanding Rs. one lakh and thereafter, asked for about 15 sovereigns of jewels; even then after tolerating the same, she is living with him; that while the matter stood thus, on 16. 10. 2009, the petitioner's husband went to Mysore after informing her; but he did not return; that subsequently, the petitioner came to know that respondents 3 to 6 herein had forcibly taken him and kept him under illegal custody; that under such circumstances, she gave a complaint before the respondents police on 18. 11. 2009; but they have not taken any steps; that under such circumstances, she found no option than to file the habeas corpus petition before this Court.

(3.) THE Court heard the learned Additional Public Prosecutor for respondents 1 and 2.