Dismissed

Ibrahim v. the Inspector of Police

Madras HC12 Aug 2014HCP/1652/2014

Case brief

AI extract

What is this about?

A Habeas Corpus petitioner, the father of an 11-year-old girl, sought her release from her mother's custody alleging unfit guardianship. The Court held custody by the natural mother is not illegal absent proof to the contrary and refused to quash her detention, dismissing the petition as devoid of merits.

What did the court decide?

The Habeas Corpus Petition is closed as it is devoid of merits.

Ibrahim Vs the Inspector of Police — Bail and Remand | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 12.08.2014

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CORAM

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THE HONOURABLE MR . JUSTICE S.RAJESWARAN

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AND

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THE HONOURABLE MR. JUSTICE P.N.PRAKASH

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HCP.No.1652 of 2014
Ibrahim ...Petitioner

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Versus

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State rep. By 1.Inspector of Police, Valavanur Police Station, Villupuram District. Crime No.463/2014

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2.The Superintendent of Police, Villupuram, Villupuram District. ...Respondents

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Prayer:Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus to direct the first respondent police namely, the Inspector of Police, Valavanur Police Station, Villupuram District to produce my daughter Mubeera Jasmine aged about 11 years, before this Court and set her liberty.

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For Petitioner : Mr.T.Arulraj

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For Respondents : Mr.M.Maharaja, Additional Public Prosecutor

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ORDER

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[Order of the Court was made by S.RAJESWARAN J.,]

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On 25.07.2014, the mother and the child/the detenue were produced before this Court. Though this Court permitted the petitioner to go and see his child/the detenue herein, who is in the custody of her mother, on 25.07.2014, the mother of the detenue represented that the petitioner was not chosen to come and see his daughter. The detenue also admits this position. Since, the petitioner was not present on that day, the detenue/the child and the

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https://hcservices.ecourts.gov.in/hcservices/

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detenue's mother were directed to be present today.

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2.Today, the petitioner is present before this Court and represented by his counsel. The learned counsel for the petitioner submitted that the petitioner could not visit his child since, he was not keeping well. It is his further case that according to the petitioner, his wife/the mother of the detenue is in the company of an undesirable person and therefore, the minor child should not be left with the custody of the mother.

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3.Be that as it may, admittedly, the child/detenue is in the custody of her mother who is the natural guardian of the child. The allegation of the petitioner/the father of the child about his wife, the mother of the minor, is a question which cannot be gone into at this stage by this Court. Therefore, if the petitioner still insist that his child should not be in the custody of the wife, it is for him to take appropriate legal proceedings before the appropriate forum and the Habeas Corpus Petition is not a right remedy. The child being in the custody of the mother can never be construed as illegal, till the contrary is proved.

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4.In view of the above, we are inclined to close this petition as devoid of merits. Accordingly, the Habeas Corpus Petition is closed. Sd/Assistant Registrar //True copy// sub Assistant Registrar jbm To 1.Inspector of Police, Valavanur Police Station, Villupuram District. Crime No.463/2014 2.The Superintendent of Police, Villupuram, Villupuram District. 3.The Public Prosecutor, High Court, Madras.

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https://hcservices.ecourts.gov.in/hcservices/

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Bky[co] rd 19/9/2014

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https://hcservices.ecourts.gov.in/hcservices/

Ibrahim v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Ibrahim v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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