Court dismissed a habeas corpus petition seeking production of two minor children. Held that custody disputes between spouses are civil in nature and habeas corpus is not the remedy; liberty granted to work out appropriate civil remedy.
Habeas corpus petition closed with liberty to petitioner to work out remedy in manner known to law.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No.2595 of 2020
H.Md.Abdul Rahman .. Petitioner Vs.
1.The Commissioner of Police, Greater Chennai, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.
2.The Inspector of Police, G-7, Chetpet Police Station, Chennai.
3.A.Zareena
4.A.Zakir Hussian .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the first respondent police to produce the body or person of the petitioner's sons detainees minor Ahamed Basha (M), aged 11 years and minor Imran Basha (M), aged 7 years, before this Court from the custody of the 2nd and 3rd respondents and hand over to the petitioner.
This habeas corpus petition has been filed seeking to direct the first respondent police to produce the body or person of the petitioner's sons detainees minor Ahamed Basha (M), aged 11 years and minor Imran Basha (M), aged 7 years, before this Court
from the custody of the 2nd and 3rd respondents and hand over to the petitioner.
Hence, this habeas corpus petition is closed with liberty to the petitioner to work out his remedy in the manner known to law.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
nsd
To
1.The Commissioner of Police,
Greater Chennai,
No.132, Commissioner Office Building,
EVK Sampath Road, Vepery,
Chennai.
2.The Inspector of Police,
G-7, Chetpet Police Station,
Chennai.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.Arulselvam, Advocate, sr no.846
H.C.P. No.2595 of 2020
CP(CO)
RMP(29/01/2021)
1 issue framed by the court
Whether a writ of habeas corpus is maintainable regarding custody dispute between spouses.
H.Md. Abdul Rahman
The Commissioner of Police, Greater Chennai
The Inspector of Police, Chetpet Police Station
A. Zareena
A. Zakir Hussian
P.N. Prakash
V. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
