Petition seeking habeas corpus to produce minor children in illegaicustody was dismissed. Court found no prima facie case of illegal detention as children were in the mother's custody in the UK, dismissing the petition in the best interest of the children.
The writ of habeas corpus was dismissed. No costs.
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: 02.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
H.C.P.No.2345 of 2016
Dr.Arun Kumar Pugalenthi
rep., by his Power Agent,
Mr.Pugalenthi ... Petitioner
versus
1. Mithradas
2. Sharmila
3. The Inspector of Police,
All Women Police Station - East,
Coimbatore 641 045.
4. The Commissioner of Police,
Coimbatore. ... Respondents
Petition filed under Article 226 of the Constitution for the issuance of a Writ of Habeas Corpus, directing respondents 3 and 4 to produce the two detenus, being Aaditya, minor son of the petitioner, aged 9 years and Aishwarya, minor daughter of the petitioner, aged about 6 years and set them at liberty forthwith.
For petitioner : Mr.Suresh For 1st Respondent : Mr.R.Mubarak Basha For 2nd Respondent : Mr.S.Chandrasekar For Respondents 3 and 4 : Mr.V.M.R.Rajentren, Addl Public Prosecutor O R D E R
(Order of this Court was made by Justice S.MANIKUMAR)
Alleging that minor son, Aaditya, aged about 9 years and Aishwarya, minor daughter, aged about 6 years, are in illegal custody of Ms.Sharmila, mother and another person, the 1st respondent herein, Writ of Habeas Corpus, is sought for, by the father, represented by his father/power agent, Mr.Pugalenthi. He has contended that H.M.O.P.No.356 of 2016, has been filed before the Sub Court, Tambaram, Chennai, for https://hcservices.ecourts.gov.in/hcservices/ divorce. The 2nd respondent-mother has failed to appear on the
hearing dates. Children were not permitted to be seen. Writ petitioner wants to provide better education to the children, but the 2nd respondent-mother is not willing to reveal the details of the minor children. Grand father/power agent of the petitioner, has made a complaint, on 14.10.2016, to the Inspector of Police, B-7 Ramanathapuram Police Station, at Coimbatore, which has been forwarded to the All Women Police Station - East, Coimbatore and registered in C.S.R.No.474 of 2016, dated 14.10.2016. As no steps were taken by the Police, left with no other alternative, writ of habeas corpus is sought for.
Heard the learned counsel appearing for the parties and perused the materials available on record.
the allegations. So also, the 2nd respondent-mother of the children. Police, on enquiry into C.S.R.No.474 of 2016, has recorded the statement of the first respondent, who had categorically deposed that he had friendly relationship with the petitioner's family and nothing more than that. Respondent No.1 has denied the illegal custody. Enquiry with the Foreigners Regional Registration Officer, Bureau of Immigration, Chennai, has revealed that both the minor children came to India on 20.09.2016 and returned to U.K., on 09.11.2016. Family of the 1st respondent is stated to be at Dubai, for the past one year. In the abovesaid circumstances, this Court is of the view that there cannot be any adjudication, as regards the allegation of relationship, in this habeas corpus petition and suffice to consider, as to whether, there is any illegal detention.
Sd/Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
2 issues framed by the court
Whether there is any illegal detention or prima facie case warranting issuance of a writ of habeas corpus to produce the minor children.
Whether the children are in illegal custody of the petitioner or the respondents.
1 provisions across 1 enactments
Dr. Arun Kumar Pugalenthi
Mithradas
Sharmila
Inspector of Police, All Women Police Station - East, Coimbatore
Commissioner of Police, Coimbatore
S. MANIKUMAR
M. GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
