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'Husband Allegedly In Illegal Custody Of Wife': Madras High Court Appoints Advocate-Commissioner To Enquire Into Allegations

Sparsh Upadhyay
22 Nov 2020 12:23 PM GMT
Husband Allegedly In Illegal Custody Of Wife: Madras High Court Appoints Advocate-Commissioner To Enquire Into Allegations

The Madras High Court on Friday (20th November) appointed an Advocate Commissioner to enquire into the allegations of a person that his friend (the Detenu), is under the illegal custody of his own wife (Detenu's wife).

The Bench of Justice M. M. Sundresh and Justice D. Krishnakumar was hearing a habeas corpus plea filed by the friend of the alleged Detenu, inter alia, alleging that the Detenu is in the illegal custody of the third respondent, who is none other than his wife.

Arguments put forth

The Counsel appearing for the petitioner submitted that the third respondent (wife of the alleged Detenu) is keeping her husband (the Detenu) under her illegal custody along with two other persons by forcibly giving him the treatment as if he is a drunkard.

It was submitted that the condition of the Detenu is precarious and he is not under the influence of alcohol at any point of time.

On the other hand, the counsel appearing for the third respondent (Wife) submitted that the allegations are not true and that the petitioner (alleged Detenu's friend) used to drink along with the detenu.

It was contended that the third respondent (wife) had to make sure that the detenu (her husband) comes out of his habits and, therefore she admitted him in a authorized de-addiction centre, Green Life Foundation (De-addiction cum Rehabilitation Center), Chennai and at present he is undergoing treatment.

The Counsel refuted the submission made by the counsel appearing for the petitioner with respect to the relationship of the third respondent with third parties and the consequential attempt that is being made to force him to sign the papers by transferring the property standing in his name to her.

Court's order

After hearing both the sides, the Court ordered,

"Considering the submission made, particularly the allegations that the condition of the detenu is precarious as the life is in danger coupled with the further issue pertaining to his habits, we are inclined to appoint Ms.S.Lakshmi as the Advocate Commissioner to ascertain the aforesaid facts."

The Court directed that the Advocate Commissioner shall make an enquiry with the third respondent (wife) and the detenu and file a report by Wednesday (25.11.2020), before the Court.

The Court has directed that the report would also indicate the statement on enquiry from the De-addiction cum Rehabilitation Center as well and that the report should touch upon the habit of the detenu and his physical condition as well.

The matter has been posted for further hearing on Wednesday (25th November).

Click Here To Download Order

[Read Order]

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