Kalaivanan v. the Government of Tamil Nadu
Case brief
What is this about?
Petition filed under Article 226 for habeas corpus to produce minor children from third respondent's custody. Court declined direct custody transfer while ongoing family court proceedings but permitted limited access rights for the petitioner's family.
What did the court decide?
Granted limited access rights to petitioner and parents to visit children on alternative Saturdays pending Family Court orders.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P. No. 1554 of 2020
Kalaivanan ... Petitioner
Vs.
1.The Government of Tamil Nadu
Rep. by The Superintendent of Police,
Coimbatore District,
Office of the Superintendent of Police,
State Bank Road,
Coimbatore.
2.The Inspector of Police - Law & Order,
D-3, Pothanur Police Station,
Pothanur, Coimbatore.
3.S.Shanmugasundaram ... Respondents
Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus directing the 2nd respondent police to cause production of the body and person of minor children 1.Ms.Iniya Hasini, aged about 11 years, and 2.Master. Priyan Balaji, aged about 9 years, before this Court from the custody of the 3rd respondent to hand over to the petitioner.
For Petitioner : Mr.V.S.Senthilkumar For Respondents Mr.R.Prathap Kumar, : Addl. Public Prosecutor for R1 and R2 : Mr.S.Gunalan for R3
ORDER
Issues for consideration
2 issues framed by the court
Whether the Court should exercise jurisdiction under Article 226 to direct police to produce minor children from custody given pending guardianship proceedings.
What limited access rights the petitioner should have in the pending guardianship matter.
Parties & counsel
- petitioner
Kalaivanan
- respondent
The Government of Tamil Nadu
- respondent
S.Shanmugasundaram
Coram
Case details
As recorded by the court registry
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