Petitioner, mother of a 6-year-old girl, filed a Habeas Corpus petition after husband deserted her with the child. Petitioner alleged police inaction. Court found the child was in lawful custody with her father and grandmother, dismissing the petition.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P.[MD].No.1344 of 2018
Shanthi
: Petitioner
Vs.
3.Nagarajan
4.Panchavarnam : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body and person of the detenu, by name, Minor.Naga Pranaya, aged 6 years, before this Court and hand over the custody to the petitioner.
For Petitioner : Mr.B.Rajesh Saravanan For Respondents 1&2 : Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
[ Order of the Court was made by R.SUBBIAH, J.]
The present Habeas Corpus Petition has been filed by the mother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the body or person of the detenu, by name, Minor.Naga Pranaya, aged about 6 years, before this Court and hand over the custody to the petitioner.
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whereabouts of the girl child. In this regard, the petitioner made a complaint before the second respondent police. Since there were no effective steps taken by the second respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.
Sd/-
Assistant Registrar(Writs)
/True Copy/
Sub Assistant Registrar(CS-II)
To
Nb
MK/ES/RSK/SAR 2/27.12.2018/2P/4C
ORDER MADE IN H.C.P.[MD].No.1344 of 2018 12.11.2018
2 issues framed by the court
Whether the issuance of a Writ of Habeas Corpus is warranted to produce the detenu Minor Naga Pranaya when he is in custody of his father and grandmother.
Whether there is any merit in the Habeas Corpus Petition filed by the mother seeking custody of her daughter.
Shanthi
The Superintendent of Police, Tuticorin
The Inspector of Police, Koppampatti Police Station
Nagarajan
Panchavarnam
R.SUBBIAH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
