Man ‘detained’ by wife, friend moves Madras HC

Man ‘detained’ by wife, friend moves Madras HC

TIMES NEWS NETWORK

Chennai:  24.11.2020 

The Madras high court has appointed an advocate commissioner to inquire into the petition by a man who sought to ‘rescue’ his friend from the latter’s wife.

The petitioner moved a habeas corpus petition before the court saying his friend was under illegal detention. The petitioner claimed his friend is being forcibly detained by his wife and two others who are trying to make him transfer properties in his name to her.

According to the petitioner, the wife of his friend is keeping him in illegal custody by forcibly treating him for alcohol de-addiction. The petitioner said his friend’s condition is precarious and he is not under the influence of alcohol at any point of time.

Counsel for the woman said the allegations were untrue. “The wife has to make sure that the detenu comes out of his habits and therefore admitted him to an authorised de-addiction centre in Valasaravakkam,” counsel submitted.

Counsel also contested claims that there are attempts to transfer property.

A division bench of Justice M M Sundresh and Justice D Krishnakunar, after hearing both sides said considering the submission that the condition of the detenu is precarious, they are inclined to appoint an advocate commissioner to ascertain the facts.

“The advocate commissioner shall make an inquiry with the woman and her husband and file a report by Wednesday (November 25). The report should also indicate the statement on inquiry from the de-addiction centre. Needless to state that the report should also touch upon the habit of the detenu and his physical conditions as well,” the division bench said and directed the petitioner to pay the initial remuneration of ₹10,000 to the advocate commissioner.

The petitioner said the woman was holding her husband captive and was trying to transfer his property in her name. The woman’s lawyer said the charges were false