Petitioner sought habeas corpus to recover two minor grandchildren from the defendant respondent, alleging illegal custody after the children's mother remarried. Court found custody was lawful and no danger existed, dismissing the petition.
Writ of Habeas Corpus refused; petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2016
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
H.C.P.No.980 of 2016
Ammaji ..... Petitioner Vs 1. State of Tamilnadu, Rep., by it Secretary, Home Department, Secretariat, Fort St.George, Chennai. 2. The Director of Police, Tamilnadu Police, Kamaraj Salai, Chennai.
Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents to produce the corpus of the detenus, Minor Leela Harish, grandson aged about 10 years and MinorD.Sandhya, grand daughter, aged about 8 years, from the illegal custody of the 5th respondent before this Court and set them at liberty.
For Petitioner : Mr.A.K.Jayaraj For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor
ORDER
(Order of the Court was made by S.NAGAMUTHU, J.)
The petitioner is the maternal grand mother of one Leela Harish, aged 10 years and D.Sandhya, aged 8 years. The 5th respondent is the mother of the children. The son of the petitioner, namely, the husband of the 5th respondent, died. It is alleged by the petitioner that the 5th respondent has married someone else after the demise of her son and she has taken these detenus also with her. In paragraph 8 of the affidavit, the petitioner has stated that the children have been left somewhere in North India. She has further stated that she apprehends that the life of the children are in danger at the hands of the 5th respondent and their custody with the 5th respondent, is illegal.
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
kua
To 1. The Secretary, Home Department, Secretariat, Fort St.George, Chennai. 2. The Director of Police, Tamilnadu Police, Kamaraj Salai, Chennai. 3. The Commissioner of Police, Chennai City, Vepery, Chennai. 4. The Inspector of Police, R5, Virugambakkam Police Station, Virugambakkam, Chennai. 5.The Public Prosecutor, High Court, Madras. 1 cc to M/s.A.K.Jayaraj, Advocate, sr.37078 H.C.P.No.980 of 2016 mp co kra 26.07.2016
3 issues framed by the court
Whether the custody of minor children by the defendant respondent's mother constitutes illegal custody warranting a Writ of Habeas Corpus.
Whether a guardian can intervene to recover minors when the other parent has remarried but retains legal custody rights.
Whether there is immediate danger or illegality in the current custody arrangement of the two minor children.
1 provisions across 1 enactments
Ammaji
State of Tamilnadu
Director of Police, Tamilnadu
Commissioner of Police, Chennai City
Inspector of Police, R5, Virugambakkam
Siva Gowri
S. NAGAMUTHU
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
