K.Murugan v. the Superintendent of Police
Case brief
What is this about?
In a habeas corpus petition filed by a father to produce his five-year-old son, the Court notes the mother's refusal to return the child to the petitioner's custody. Finding no further order warranted, the petition was closed without granting the specific relief sought.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2015
CORAM:
THE HONOURABLE MS.JUSTICE M.JAICHANDREN AND
THE HONOURABLE MRS.JUSTICE K.B.K.VASUKI
H.C.P.No.634 of 2015
K.Murugan ... Petitioner
Vs
1.The Superintendent of Police,
The office of Superintendent of Police,
Erode District.
2.The Inspector of Police,
Anthiyur Police Station,
Erode District,
Crime No.73/2015
3.Kesavan ... Respondents
Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to call for the records in complaint dated 11.2.2015 on the file of the 2nd respondent and direct the respondents herein to produce the petitioner's son Vasantha Kumar and hand over him to the petitioner.
For Petitioner : Ms.S.P.Arthi For Respondents : Mr.A.N.Thambidurai, Additional Public Prosecutor for R1
ORDER
Issues for consideration
2 issues framed by the court
Whether a habeas corpus petition seeking production of a minor in the custody of a separated parent warrants further order.
Whether the mother's expressed desire to retain custody of the child prevents the grant of relief.
Parties & counsel
- petitioner
K. Murugan
- respondent
Superintendent of Police
- respondent
Inspector of Police
- respondent
Kesavan
Coram
Case details
As recorded by the court registry
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