Disposed

D.Usharani v. the District Superintendent of Police

Madras HC24 Apr 2019HCP/161/2019

Case brief

AI extract

What is this about?

In a Habeas Corpus petition, the High Court set at liberty a minor who allegedly deserted her husband after discovering his prior marriage. Upon the petitioner's undertaking to care for the child's education and well-being, custody was handed over to the mother.

What did the court decide?

The detenue is set at liberty and her custody is handed over to the petitioner-mother.

D.Usharani Vs the District Superintendent of… — Child Custody and Guardianship | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.04.2019

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CORAM:

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THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN

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and

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THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR

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H.C.P.No.161 of 2019

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D.Usharani .. Petitioner
Vs.
1. The District Superintendent of Police
Ariyalur District, Ariyalur.
2. The Inspector of Police
Keelapalur Police Station
Ariyalur District.
3. Arul
4. Pazhanisamy
5. Ponnusamy
6. Rasathi .. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the second respondent to produce the petitioner's daughter namely D.Umarani, D/o.Devendran, aged 17 years (minor) to produce before the Court and hand over the petitioner.

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For Petitioner .. Mr.M.Selvam For Respondents .. Mr.C.Iyyappa Raj Additional Public Prosecutor [R1 & R2]

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ORDER (Order of the Court was made by M.SATHYANARAYANAN, J)

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The petitioner, who is the mother of the detenue, namely D.Umarani [DOB:25.06.2001] alleging illegal custody and detention of her daughter, at the hands of private respondents, came forward to file this Habeas Corpus Petition.

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The learned counsel appearing for the petitioner would submit that the detenue was found missing from 22.12.2018

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https://hcservices.ecourts.gov.in/hcservices/

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onwards and on enquiry, she came to know that she had been kidnapped by the private respondents and based on which, she lodged a complaint before the second respondent-police, which has resulted in registering a case in Crime No.339/2018 for the commission of offences under Section 366(A) IPC. Despite lapse of nearly four months, no steps have been taken by the police to trace the detenue and hand over her custody to the petitioner, and hence, the petitioner is constrained to file this Habeas Corpus Petition.

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Mr.C.Iyyappa Raj, learned Additional Public Prosecutor appearing for the State would submit that the detenue has been traced yesterday (23.04.2019) and she is produced before this Court today.

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The detenue, on enquiry, would state that she on her own volition left her parental home and got married to the third respondent and later on, when she became aware of the fact that the third respondent was already married and out of his earlier wedlock, he had begotten three children, she deserted his company, and now she expressed her willingness to go along with her mother, who is present before this Court.

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The mother of the detenue is also enquired with and she would state that the custody of her daughter may be entrusted to her and she would look after her well and fulfil her requirements, to enable her to pursue her studies. She also assured that the detenue's interest and well-being will be taken care of by her.

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In the light of the above facts and circumstances, the detenue is set at liberty and her custody is handed over to the mother of the detenue/petitioner herein, who have also promised to take care of the detenue's future and well-being.

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This Habeas Corpus Petition is disposed of accordingly.

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Sd/Assistant Registrar (CS-V)

//True Copy//

To:

1.The District Superintendent of Police Ariyalur District, Ariyalur.

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https://hcservices.ecourts.gov.in/hcservices/

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The Inspector of Police Keelapalur Police Station Ariyalur District.

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copy to:

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The Public Prosecutor High Court, Madras.

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+1 cc to Mr.M.Selvam, Advocate, S.R.No.40001

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H.C.P.No.161 of 2019
VG-I(CO)
SSM(20/06/2019)

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https://hcservices.ecourts.gov.in/hcservices/

D.Usharani v. the District Superintendent of Police

Case brief

What is this about?

What did the court decide?

D.Usharani v. the District Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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