Petitioner filed Habeas Corpus seeking custody of her 6-month-old child. Child produced before court with mother. Court held minor is with natural guardian; directed fourth respondent to establish claim in District Court. Petition closed.
No direction issued to hand over custody; petition closed.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.35 of 2017
P.Karpagavalli
: Petitioner
Vs.
1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.
2.The State, rep by The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.
3.Ramasamy
4.Packiam
5.Muniyasamy : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the body or person of the detenu, namely, Thirubharathi, aged about 6 months child before this Court under the custody of the respondents 3 to 5 and hand over the custody to the petitioner.
For Petitioner : Mr.P.Banuprasath
For Respondents 1&2 : Mr.T.Mohan Additional Public Prosecutor
For Respondents 4&5 : Mr.D.Senthil For Respondent No.3 : No Appearance
O R D E R ***********
[Order of the Court was made by T.S.SIVAGNANAM, J.]
Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and the learned counsel appearing for the respondents 4 and 5.
https://hcservices.ecourts.gov.in/hcservices/ 2. The present Habeas Corpus Petition has been filed seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to
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produce the body or person of the detenu, namely, Thirubharathi, aged about 6 months child before this Court under the custody of the respondents 3 to 5 and hand over the custody to the petitioner
Sd/-
Assistant Registrar(CSII) /True Copy/
Sub-Assistant Registrar
To
NB
MAS/KP:04.04.2017:2P-6C
ORDER MADE IN H.C.P.[MD].No.35 of 2017 22.03.2017
3 issues framed by the court
Whether the custody of the 6-month-old child Thirubharathi should be handed over to the petitioner under Writ of Habeas Corpus.
Whether the fourth respondent needs to establish her guardianship claim in the District Court before the Court issues a direction.
Whether the presence of the minor detenu along with her natural guardian satisfies the requirements of the Habeas Corpus petition.
2 provisions across 1 enactments
P.Karpagavalli
The Superintendent of Police, Ramanathapuram
The State, rep by The Inspector of Police, Paramakudi Town Police Station
Ramasamy
Packiam
Muniyasamy
T.S.Sivagnanam
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
