On Friday, the High Court of Madras appointed an Advocate Commissioner to inquire into the allegations of a man that his friend is illegally detained by his own wife.
This development came in when a Division Bench comprising Hon’ble Justice D Krishnakumar and Hon’ble Justice M M Sundresh was hearing a Habeas Corpus petition filed by a friend of the detenu wherein it was alleged that the detenu was in the illegal custody of his wife.
Husband Detained by Wife
Learned Counsel for the petitioner submitted that the wife if the detenu was keeping her husband into illegal custody by treating him like a drunkard.
It was argued that the detenu was not a drunkard and he was in a precarious position.
On the other hand, counsel for the wife submitted that to make sure the husband changed his habits, the wife got him admitted into a de-addiction centre, and at present, the detenu was undergoing treatment.
The claim that the wife in connivance with others was forcing the husband to sign papers for transferring the property was also refuted by the counsel of the wife(third respondent).
High Court Appoints Advocate Commissioner to look into the Allegation
After hearing both the parties, the Court ruled that, due to the nature of allegations and the submission that the life of the detenu was in danger, an Advocate Commissioner should be appointed to ascertain the aforesaid facts.
Ms S Lakshmi was therefore appointed as the Advocate Commissioner.
The Court directed Ms S Lakhshmi ( Advocate Commissioner) to make an enquiry with the wife and the husband(detenu) and submit her report to the Court by 25.11.2020.
Hon’ble Court further directed that the report should indicate the statement on enquiry from the De-addiction centre, and the report should also contain information about the habit of the detenu and his physical condition.
Next hearing in the case will be on 25.11.2020.
Case No.: H.C.P. No. 2035 of 2020
Coram: Hon’ble Justice M. M. Sundresh and Hon’ble Justice D. Krishnakumar