Petitioner filed writ under Article 226 for release of his minor son from police custody due to alleged ill-treatment. Court noted the child was produced and mother holds custody. Dismissed petition as factual dispute on custody suits civil process.
Habeas Corpus Petition stood closed. Custody dispute to be worked out under due process of law.
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 : 29.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM
and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.No.149 of 2018
Muthumariappan
... Petitioner
-Vs-
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents to produce the body of the petitioner's minor son M.Muthukumaran aged 4 years and set him at liberty.
For Petitioner : Mr.Thomas T Jacob For Respondents: Mr.V.M.R.Rajentran Additional Public Prosecutor *** ORDER
[Order of the Court was made by C.T.SELVAM, J.]
Petitioner, who is the father of the detenu herein, viz., M.Muthukumaran, aged 4 years, has filed this petition seeking production of his minor son.
over a period of four years and she is presently staying in Chennai, where she has the support of her sister.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
To:
1. The Superintendent of Police,
Coimbatore District-641 018.
2. The Inspector of Police,
Thudiyallur Police Station,
Coimbatore-641 034.
3. The Public Prosecutor,
High Court, Madras.
+1 cc to M/s.Thomas T.Jacob Advocate sr 6282
H.C.P.No.149 of 2018
rr(co)
aa21/02/2018
1 issue framed by the court
Whether a Writ of Habeas Corpus can be entertained to release a minor child from police custody when the petitioning father is denied custody due to domestic separation.
1 provisions across 1 enactments
Muthumariappan
The Superintendent of Police, Coimbatore District
The Inspector of Police, Thudiyallur Police Station
C.T.Selvam
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
