In a habeas corpus petition, the High Court examined whether the petitioner's daughter and minor grandchildren were held in illegal custody. Noting that the family knew their whereabouts and the daughter had eloped with the respondent, the Court found no illegality.
The petition is dismissed as there is no illegal custody involved.
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: 11.07.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR
H.C.P.No.687 of 2019
C.Govindasamy .. Petitioner Vs. 1. The Inspector of Police, Mathur Police Station, Krishnagiri District. 2. G.Sakthivel .. Respondents
Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the 1st respondent to produce the petitioner's daughter namely Kokila 25 years her Minor Childrens Sreedhar 8 years and Yuvashree 7 years before this Court from the illegal custody of the 2nd respondent and set team at liberty.
For Petitioner .. Mr.J.Pradeep For R1 .. Mr.R.Prathap kumar Additional Public Prosecutor ORDER
The petitioner is the father of the detenu - Kokila and grandfather of the minor detenues (1) Sridhar and (2) Yuvashree. This petition has been filed alleging that the detenues are under the illegal custody of the 2nd respondent.
is one of the detenues, eloped along with the other detenues with the 2nd respondent, who is stated to be a married man having wife and a child. The detenu - Kokila's husband is no more. The petitioner is aware of the whereabouts of his daughter, the detenue - Kokila and grand children, namely the detenues - Sreedhar and Yuvashree. A statement was also given by the petitioner to this effect.
Sd/-
Assistant Registrar(CCC)
//True copy//
Sub Assistant Registrar
kmk/msrm
To,
The Inspector of Police,
Mathur Police Station,
Krishnagiri District.
+1cc to Mr.J.Pradeep, Advocate SR.No.58676
H.C.P.No.687 of 2019
KS(CO)
GMY(02/08/2019)
2 issues framed by the court
Whether there is illegal custody of the petitioner's daughter and minor grandchildren by the second respondent.
Whether the petitioner can seek remedy regarding the alleged welfare of minor children in this habeas corpus petition.
1 provisions across 1 enactments
C.Govindasamy
The Inspector of Police, Mathur Police Station, Krishnagiri District
G.Sakthivel
M.M.SUNDRESH
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
