S. Gilda Mary vs The Inspector of Police, Karungal Police Station, Kanyakumari District, The Superintendent of Police, Kanyakumari District Nagercoil and Thangian

S. Nagamuthu, J

The petitioner is the wife of one Mr. T. Edil Bert. The marriage between them was celebrated several years ago but there is no love last between them and there is also matrimonial dispute between them. Husband (hereinafter referred to as "detenu") filed a case before the learned District Judge, Nagercoil in H.M.O.P. No. 211 of 2010 for a decree of divorce. The petitioner contested the same and the same was dismissed by the learned District Judge on 13.7.2011. It is the case of the petitioner that after the dismissal of the divorce petition, the petitioner wanted to join with the detenu but, the detenu is detained by the third respondent is the allegation. The third respondent is none else than the father of the detenu. With this allegation, the petitioner has come up with this petition seeking a direction to the respondents 1 and 2 to produce the detenu before this Court and to set him at liberty.

We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

From the averments made in the affidavit, it is crystal clear that the detenu/husband and wife were not living together at least from 2010 onwards. H.M.O.P.No.211 of 2010 filed by the detenu for divorce was dismissed on 13.7.2011. After that, if the petitioner is desirous of joining her husband/detenu, she would have very well filed a petition for restitution of conjugal rights, which is an effective remedy available to her under law. Instead of doing that, she has approached this Court alleging that her husband/detenu is illegally detained by the third respondent. As we have already stated the third respondent is none else than the father of the detenue. Thus, it appears that the detenu is residing with this father and he is prosecuting the further case relating to the matrimonial dispute. Thus, we do not find any illegal detention at all. Therefore, the Habeas Corpus Petition is not maintainable. In such view of the matter, the Habeas Corpus Petition stands closed.