G.Abirami, v. the Inspector of Police
Case brief
What is this about?
Petitioner moved an Article 226 petition via Habeas Corpus to produce her minor daughter detained with the father. The child was admitted to be before the court with the father as natural guardian. The court closed the petition directing parties to resolve rights in an appropriate forum.
What did the court decide?
Petition closed with direction to parties to work out custody rights before appropriate forum.
What the court decided
A compact analysis
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2018
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.No.2226/2017
G.Abirami ...Petitioner
vs.
1.The Inspector of Police,
Santhavasal Police Station
Santhavasal, Polur Taluk,
Thiruvannamalai District.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Thiruvannamalai.
3.V.Gunasekaran .. Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing particularly in the nature of a writ, directing the 1st and 2nd respondents herein to produce the body of the petitioner's 2 year and 7 months old daughter namely Divyasri, the detenue herein before this Hon'ble Court and set her at liberty from the illegal custody of the 3rd respondent forthwith.
2
For Petitioner : Mr.S.B.Viswanathan For RR1 & 2 : Mr.R.Prathap Kumar, APP For R3 : Mr. Hasan Mohamed Jinnah
Issues for consideration
1 issue framed by the court
Whether a petition filed for Habeas Corpus to produce a minor child snatched by the other parent should be allowed when the child is before the court.
Parties & counsel
- petitioner
G.Abirami
- respondent
The Inspector of Police, Santhavasal
- respondent
The Superintendent of Police, Thiruvannamalai
- respondent
V.Gunasekaran
Coram
Case details
As recorded by the court registry
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