In a habeas corpus petition, the mother sought the production of her minor child, alleging kidnapping by her husband and others. The Court held that since the father is a natural guardian, his custody cannot be treated as illegal. The petition was dismissed, with liberty to approach the appropriate forum for legal custody.
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: 12.09.2016
CORAM:
THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1751 of 2016
Mrs.P.Mythili ... Petitioner /Mother of
the Detenue
vs.
1.The State, rep.by
Commissioner of Police,
Greater Chennai,
Vepery, Chennai-600 007
2.The State, rep.by its
Inspector of Police(Law and Order)
F.5, Choolaimedu Police Station,
Greater Chennai.
3.G.Parthiban
4.G.Balasubramaniam
5.A.Sakthivel
6.S.Sridharan ... Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents to produce the minor child P.Vipul, before this Court and hand him over to the petitioner.
For Petitioner :Mr.S.Prashanth
(Order of the Court was made by A.SELVAM,J.)
This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the respondents 1 and 2 to trace out and produce the detenu, by name, P.Vipul, aged 2 1/2 years, son of the petitioner and third respondent.
is averred in the petition that on 29.7.2016, at about 7.25 a.m., the respondents 3 to 6 have forcibly entered into the house of the petitioner and kidnapped the minor child by name, P.Vipul, and subsequently, a police complaint has been given, but the police have not taken effective steps and under the said circumstances, the present petition has been filed for getting the relief sought therein.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
msk
To
H.C.P.No.1751 of 2016
ug co
kra 23.09.2016
2 issues framed by the court
Whether a habeas corpus petition can be granted to a mother seeking custody of a minor child when the child is in the lawful possession of his natural father.
Whether the husband's custody of a minor child, whom the wife claims was kidnapped, can be treated as legal under the existing relationship between the parties.
1 provisions across 1 enactments
Mrs. P. Mythili
The State, rep. by Commissioner of Police
The State, rep. by Inspector of Police
G. Parthiban
A.Selvam
P.Kalaiyarasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
