Habeas Corpus petition in child custody dispute closed without specific order directing release. Court facilitated mediation between parties occupying child and granted liberty to work out remedy before appropriate forum.
Liberty given to parties to work out remedy before appropriate forum.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2021
The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No.2347 of 2020
S.Sowbakiya .. Petitioner
1.The Superintendent of Police, Kanchipuram District.
2.The Inspector of Police, E-9, Thalambur Police Station, Thalambur.
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the second respondent to produce the baby by name Thendralla aged 7 years and hand over her to the custody of the petitioner.
For Petitioner : Mr.R.Ravinraram
For Respondents: Mr.R.Prathap Kumar, Addl.Public Prosecutor for R1 & R2
ORDER
This Habeas Corpus Petition has been filed seeking to direct the second respondent to produce the baby by name Thendralla aged 7 years and hand over her to the custody of the petitioner.
child is, has produced her before this Court. The petitioner is also present. The petitioner is directed to be with the child in the Mediation Centre till 4.30 p.m. today. Thereafter, it is open to the fourth respondent to take the child with him. Liberty is given to the parties to work out the remedy before the appropriate forum for the custody of the child.
In the result, this habeas corpus petition is closed.
Sd/-
Assistant Registrar (CCC)
/true copy/
Sub Asst. Registrar
mmi/nsd
To
1.The Superintendent of Police,
Kanchipuram District.
2.The Inspector of Police,
E-9, Thalambur Police Station,
Thalambur.
3.The Public Prosecutor,
High Court, Madras.
4.The Secretary to Government
Public (Law & Order)
fort St.George, Chennai 600 009
+1 cc to Mr.R.Ravindra Ram advocate sr68
H.C.P. No. 2347 of 2020
jp(co) aa03/02/2021
1 issue framed by the court
Whether this Court can direct production of child to petitioner under Article 226 in a custody dispute where mediation is facilitated.
S.Sowbakiya
Superintendent of Police, Kanchipuram District
Inspector of Police, E-9, Thalambur Police Station
Secretary to Government, Public (Law & Order)
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
