TUSHAR MALKANI Vs. COMMISSIONER OF POLICE CHENNAI

JUDGEMENT

(1.) THIS matter has come up before this court in pursuance of the orders of the Hon'ble Supreme Court dated 13.4.2012 whereby it has ordered for transfer of the writ petition (Habeas Corpus) No.1992/2011 titled as Mr. Tushar Malkani v/s The Commissioner of Police Chennai and Ors. pending before the Madras High Court to his court at Jaipur. In the habeas corpus petition which was filed by Mr. Tushar Malkani before the High Court at Madras, it has been stated that the respondents No. 3 and 4, who are the parents of his alleged legally wedded wife, have unlawfully detained the wife of the petitioner and are not permitting her to re-join the petitioner. The prayer made in the habeas corpus petition filed before the Madras High Court reads as under :

(2.) WE find from the order of the Hon'ble Supreme Court dated 13.4.2012 that the detenu had appeared before the Hon'ble Supreme Court as would be evident from the following part of the order : "As stated by the counsel for the petitioners on the previous date, petitioner No.2 � Ms. Surabhi Singh, along with petitioner No.1 (her mother) was present in Court. There she said that she was perfectly happy residing with her parents and respondent NO.1 was unnecessarily harassing her and making false and incorrect statements about her. Counsel for respondent No.1, however, stated that she was brought to the Court by her parents and she was making the statement under their influence.