Habeas Corpus petition filed for custody of minor daughter. Child produced by grandfather. Court delivered child to father, granted grandfather unlimited access, and discharged the petition as nothing survived. Order adjourned list is merged into closure.
Petitioner permitted to have child; third respondent granted unlimited access; petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA
H.C.P.NO.1490 OF 2021
T.Boopathi .. Petitioner
.Vs.
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to secure and produce the petitioner's minor daughter Lahitha Sri, aged 2 ½ years, daughter of T.Boopathi and hand over her to the petitioner.
For Petitioner : Mr.R.Balakrishnan
For RR 1 and 2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor For R3 : Mr.S.V.Karthikeyan
ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
This habeas corpus petition has been filed seeking to direct the 2nd respondent to secure and produce the petitioner's minor daughter Lahitha Sri, aged 2 ½ years, daughter of T.Boopathi and hand over her to the petitioner.
“This petition has been filed seeking a direction to the second respondent to secure and produce the petitioner's minor daughter Lahitha Sri, aged 2½ years and hand over her to the petitioner.
For further proceedings, adjourned to 17.11.2021.”
In the light of the above, nothing survives in this habeas corpus petition and the same is hereby closed.
Sd/-
Assistant Registrar (CS IX)
//True Copy//
Sub Assistant Registrar
nsd
To
H.C.P.No.1490 of 2021
RSV(CO)
CS/30/11/2021
3 issues framed by the court
Whether a habeas corpus petition filed to secure the production of a minor child to a petitioner should be disposed of after the child is produced and handed over in court.
Whether the petitioner's request for unlimited access to the children and a guardian's right to file an application for guardianship should be permitted.
Whether any survival of the habeas corpus petition remains after the child is delivered to the petitioner and the third respondent's access is granted.
T.Boopathi
Superintendent of Police, Thirupathur District
Inspector of Police, Jolarpettai Police Station
Anbu @ Karikadai Anbu
P.N.PRAKASH
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
