MEMORANDUM OF HABEAS CORPUS PETITION UNDER ARTICLE
226 OF CONSTITUTION OF INDIA
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
H.C.P. NO. /2014
[Link],
D/o. [Link],
2/196, Nadar Strret,
Sathangudi,
Thirumangalam Taluk,
Madurai District … Petitioner
Versus
1. The Superintendent of Police,
Madurai District,
Madurai
2. The Inspector of Police,
Kadupatti Police station,
Madurai District.
3. Raju @ Vallavan,
S/[Link],
4. [Link] Devi,
W/o. Raju @ Vallavan
Both residing at
Kamatchi Amman Koil Street,
Melakkal,
Madurai District … Respondents
AFFIDAVIT OF [Link]
I, [Link], D/[Link], residing at, 2/196, Nadar
Street, Sathangudi, Thirumangalam Taluk, Madurai District, aged about
27 years, do hereby solemnly affirm and state as follows.
I am the deponent herein and I am well acquainted of the facts and
events of this Habeas Corpus Writ Petition.
1. My marriage with my husband Yuvaraja was solemnized in the
presence of family elders at Kamatchi Arangam, Thirunagar, on
14-06-2010 and out of our wedlock I gave birth to my daughter
Porkodi on 20-08-2011. We were living in a nuclear family
consisting of me, my husband and our daughter at Nethaji nagar
near our work place.
2. I and my husband were working in private sectors in Kappaloor
Madurai, and we usually travel by the two wheeler driven by my
husband. On 28-08-2013 when both of us were returning home
from our work place we met with an accident and my husband
Yuvaraja succumbed to the accident on the place of occurrence
itself. Me having fatally injured for more complex injuries in Spinal
Cord, kidney and lungs was hospitalized in Government Rajaji
Hospital Madurai for one month and later on was taking
medication in a private hospital for about three months as an
inpatient. Death of my husband was informed to me only after two
months of the date of accident and till then I was informed that he
is also been given treatment in the male ward.
3. When I was under treatment as inpatient my father in law the 3 rd
respondent herein was taking care of my daughter as my parents
were taking care of me in the hospital. It was my father in law the
3rd respondent herein who informed me about the death of my
husband and he obtained my signatures in various stamp papers
stating that he is making a claim petition before the appropriate
court for the death of my husband Yuvaraja. Having believed his
words and also not in a full capacity to analyze things I signed all
the papers and gave it to my father in law the third respondent
herein.
4. Having recovered from the injuries after a prolonged treatment of
over 8 months I was staying in my in laws home for quiet some
time and was frequently visited by my parents and my relatives to
which my father in law made objections. In order to avoid
embarrassing situations I asked my parents not to visit me in my
father in law’s house. Though when my parents were not visiting
me as requested my father in law was not in a position to help me
in any ways and when I asked for my jewels that I had entrusted
on him after my marriage, he said that he would return the same
after completion of one year of my husband’s death.
5. Having believed his words I was on my routine work and treatment
wherein I will take rest in my parent’s home for about two weeks
so that I will be taken care of properly and on such occasions my
daughter Porkodi will either stay with me or stay in my in laws
house under compulsion of my father in law.
6. Things being so in the last week of August when I went to my in
laws house to visit my daughter I was forced to return from there
in the same day without staying there for the night. I with an
intention not to make any predicaments quietly came out of the
home when my daughter was crying.
7. On 15-09-2014 I along with my parents and few other elders of our
village went to the house of the 3rd respondent I pleaded him to
give my daughter to me and even told him that I was not interested
in the jewels and other articles, for which the 3 rd respondent
herein strictly denied and also threatened us that he would do
anything to my daughter affecting even her life, if I keep on
insisting for the custody of my daughter Porkodi to me. Having
feared of untoward incidents and having surrendered to the threat
of the 3rd respondent we came out of the place. my daughter was
weeping a lot when we were chased out of the house and was
forcing her way to join me and the 3 rd respondent and his wife
Neela devi took hold of my daughter and took her inside the room
and closed the door.
8. For the past 15 days I am not able to see my daughter Porkodi and
I am not able to get any news about her. I am afraid that the 3 rd
respondent who is more influential in the local area would have
done anything to my daughter in order to deprive me of my basic
right of having my daughter with me.
9. I made several attempts to meet my daughter in various occasions
and all my efforts went in vain. Having aggrieved of the same I
made a complaint before the 1st and the 2nd respondents, but so far
no action has been taken by them in the same. I do not have any
information about my daughter and I do not know whether she is
safe or whether she is alive or not. I do not know whether she is
detained under illegal custody and subjected to misuse or whether
she is living under normal living conditions. The inaction on the
part of the 1st and 2nd Respondents fortifies my grievance, due to
their inactivity and as days pass by I apprehend that I may not see
my daughter alive or the opportunity for the same becomes bleak
day after day and the culprits are also very happy to evade the
clutches of law.
10. There is no other effective or alternate remedy available to me
except to approach this Hon’ble court under article 226 of the
constitution of India for the issuance of a writ of habeas corpus
against all the respondents directing them to produce the person
or the corpses of my Daughter PORKODI, before this Hon’ble court
and set her at liberty. Otherwise I will be put to heavy and
irreparable loss.
It is therefore prayed that this Hon’ble court may be graciously
pleased to pass a writ of Habeas Corpus directing the respondents to
produce the body or the corpse of my Daughter PORKODI, D/[Link]
(late) aged about 3 years, before this Hon’ble court and set her at liberty
and thus render justice.
DEPONENT
Solemnly affirmed and signed
Before me after being read over
and explained the contents
on 24.09.2014 at Madurai. ADVOCATE
MEMORANDUM OF HABEAS CORPUS PETITION UNDER ARTICLE
226 OF CONSTITUTION OF INDIA
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
H.C.P. NO. /2014
[Link],
D/o. [Link],
2/196, Nadar Strret,
Sathangudi,
Thirumangalam Taluk,
Madurai District … Petitioner
Versus
1. The Superintendent of Police,
Madurai District,
Madurai
2. The Inspector of Police,
Kadupatti Police station,
Madurai District.
3. Raju @ Vallavan,
S/[Link],
4. [Link] Devi,
W/o. Raju @ Vallavan
Both residing at
Kamatchi Amman Koil Street,
Melakkal, Madurai District … Respondents
HABEAS CORPUS PETITION
1) Address of the petitioner:-
The address for the communication of the petitioner is that of
his counsel M/s. [Link], [Link] Varman and [Link]
at 70, law chambers, high court complex, Madurai-23
2). Address of the Respondents:
The address for all services to that of the respondents is as
stated above.
For the reasons stated in the accompanying affidavit, it is
prayed that the Hon’ble court may be graciously pleased to pass a writ of
Habeas Corpus directing the respondents to produce the body or the
corpse of my Daughter PORKODI, D/[Link] (late) aged about 3
years, before this Hon’ble court and set her at liberty and thus render
justice.
Dated at Madurai on this the 24th day of September 2014.
Counsel for Petitioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
H.C.P. NO. OF 2014
[Link],
D/o. [Link], … Petitioner
Versus
1. The Superintendent of Police,
Madurai District,
And 3 others … Respondents
INDEX TO TYPE SET OF PAPERS
S..No Date Particulars Page
1 19-09-2014 Representation to the 1st
respondent
2 19-09-2014 Representation to the 2nd
respondent
Documents furnished in the type set of papers are true copies of the
documents furnished by the petitioner.
Dated at Madurai on this the 24th day of September 2014.
Counsel for Petitioner
MADURAI DISTRICT
HIGH COURT: MADRAS
MADURAI BENCH
H.C.P.(MD).No. / 2014
========================
AFFIDAVIT
========================
M/S. [Link] (2164/07)
[Link] VARMAN (1875/2007)
[Link] (584/2014)
COUNSEL FOR PETITIONER
Contact:9360036306
MADURAI DISTRICT
HIGH COURT: MADRAS
MADURAI BENCH
H.C.P.(MD).No. / 2014
========================
HABEAS CORPUS PETITION
========================
M/S. [Link] (2164/07)
[Link] VARMAN (1875/2007)
[Link] (584/2014)
COUNSEL FOR PETITIONER
Contact:9360036306
MADURAI DISTRICT
HIGH COURT: MADRAS
MADURAI BENCH
H.C.P.(MD).No. / 2014
========================
TYPE SET
========================
M/S. [Link] (2164/07)
[Link] VARMAN (1875/2007)
[Link] (584/2014)
COUNSEL FOR PETITIONER
Contact:9360036306
