Court disposed of husband's Habeas Corpus petition by dissolving marriage recording mutual consent

Court disposed of husband's Habeas Corpus petition by dissolving marriage recording mutual consent

K Dhanapal Vs The Superintendent of Police and others

Madras HC

17/12/2018

H.C.P.No.2525 of 2018

About/from the judgment:

"4th respondent is not interested in going along with her husband and she is interested only in living with the 3rd respondent."

 

The Court recently dissolved marriage between a man and his wife while disposing of a habeas corpus petition filed by the former.

 

The husband has filed the petition seeking a direction to the police to produce his wife, allegedly kidnapped by another person.

 

The bench comprising of Justice N. Kirubakaran and Justice Abdul Quddhose interacted with the 'wife', who told the bench that her marriage with the petitioner was forced and that the child was not born to him. The man then told the bench that he was ready for the divorce.

 

The bench then said: "The categorical statements made by the petitioner, 3rd respondent as well as 4th respondent would make it clear that the 4th respondent is not interested in going along with her husband and she is interested only in living with the 3rd respondent. A memo of compromise would also show that there is no possibility of reunion. Under these circumstances, this Court, Suo motu invokes Article 227 of the Constitution of India and Section 13 (b) of Hindu Marriage Act and grants divorce to the petitioner and the 4th respondent dissolving the marriage celebrated on 02.11.2014 between them."

 

The bench also prohibited the petitioner from seeing the child or visiting the child.

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