Produce Sudha’s husband before the court on November 26, the Bench said.
— Photo: G. Moorthy
Ray of hope: D. Sudha being escorted by police personnel inside the Madurai Bench premises.
MADURAI: “Law cannot be rigid at all times, rather it should bend to the needs of the people,” goes a popular saying. And it proved to be true in the case of D. Sudha (30) from T. Kiliyur in Ramanathapuram district.
She filed a habeas corpus petition before the Madurai Bench of the Madras High Court to produce her estranged husband working in Andaman and Nicobar Islands and obtained a positive direction.
A Division Bench comprising Justice F.M. Ibrahim Kalifulla and Justice S. Palanivelu said that the petition was not maintainable because a writ of habeas corpus could be issued only to rescue those who were kept under illegal detention. Nevertheless, it entertained the case considering the plight of the petitioner and her two-year-old son.
“We shall make an attempt to reunite the couple through talks,” the Judges said and directed that the petitioner’s husband shall be shipped home at the earliest.
The petitioner was asked to deposit Rs.3,500 towards transportation cost and the Government advocate was instructed to coordinate the task with the help of the police.
After reaching Chennai, the captain of the ship shall hand over the petitioner’s husband to the custody of Ramanathapuram police.
Thereafter, the latter should produce him before the court on November 26, the Bench said.
Conjugal rights
The petitioner told the court that on coming to know about the filing of the habeas corpus petition, her husband had issued a legal notice from Port Blair seeking restoration of conjugal rights, within a month, failing which he shall file a suit for divorce.
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