Petitioner mother filed under Art 226 for Habeas Corpus to secure custody of minor children held by father-in-law. Court found no illegal detention and recorded that mother could see children as desired. Petition dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.1236 of 2017
K.Sangeetha
... Petitioner
-vs-
3.K.Algiri ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, against the respondents to produce the body or person of Daughter and son, S.Santhiya, D/o.Late Swarnalingam@Sasikumar, 9 years old and S.Swarnamoorthy, S/o.Late Swarnalingam@Sasikumar, 7 years old, before this Court and set them at liberty.
[Order of the Court was made by M.M.SUNDRESH, J.]
The Petitioner being the mother, seeks custody of the minor children under the care and custody of third respondent,who is none other than the father-in-law. It appears that the petitioner has come to this Court after the third complaint. She appears to have left the matrimonial home, after her husband met with an https://hcservices.ecourts.gov.in/hcservices/ accident and became bed-ridden. The children who are studying in the school are under the care and custody of the third
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respondent. It is also seen that pursuant to the previous complaints, the children were brought to the Police Station and thereafter, the complaints were closed, except the last complaint. The third respondent has also filed a Guardian O.P in G.W.O.P.No.52 of 2017, which is pending consideration. In such view of the matter, we do not find any illegal detention in this matter.
2.The learned counsel for the Petitioner would submit that the Petitioner may be permitted to see the children, for which, the learned counsel for the third respondent states that there is no objection for her to see the children, as and when she desires to do so. The said statement is recorded.
3.Accordingly, this Habeas Corpus Petition stands dismissed.
Sd/-
Assistant Registrar(Crl side)
/True copy/
Sub Assistant Registrar
To:
+1 cc to Mr.D.Ramesh Kumar , Advocate in SR.No. 78417 +1 cc to Mr.A.Senthil Kumar , Advocate in SR.No. 78438
vsn
AE/MR KKR/SAR2/25.09.2017/2P/6C
H.C.P.(MD) No.1236 of 2017 12.09.2017
1 issue framed by the court
Whether there is illegal detention of minor children in the custody of the third respondent warranting issuance of a Writ of Habeas Corpus.
1 provisions across 1 enactments
K.Sangeetha
The Superintendent of Police, Pudukkottai District
The Inspector of Police, AWPS, Pudukkottai District
K.Algiri
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
