The Court dismissed a habeas corpus petition filed by the father of a minor child, who sought her production and custody. The Court held that maternal custody is not illegal per se and closed the petition with liberty to seek other remedies.
Habeas corpus petition closed with liberty to the petitioner to work out his remedy in the manner known to law.
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: 25.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No.91 of 2021
Sabir .. Petitioner Vs. 1.The Superintendent of Police, Villupuram District.
2.State represented by The Inspector of Police, Villupuram Town Police Station, Villupuram District.
3.Mugamatha 4.Musthak .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing first and second respondents to produce the petitioner's minor daughter viz., Shaifana, D/o.Sabir, aged 4 ½ years, before this Court and handover her custody to the petitioner.
ORDER
This habeas corpus petition has been filed seeking to direct the first and second respondents to produce the petitioner's minor daughter viz., Shaifana, D/o.Sabir, aged 4 ½ years, before this Court and handover her custody to the petitioner.
is in the illegal custody of his wife Mugamatha, third respondent herein.
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 Superintendent of Police,
Villupuram District.
2.The Inspector of Police,
Villupuram Town Police Station,
Villupuram District.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.A.P.Sathya Murthy, Advocate, S.R.No.4379
H.C.P. No.91 of 2021
UM(CO)
GN(19/02/2021)
1 issue framed by the court
Whether custody of a child by the mother constitutes illegal custody warranting a writ of Habeas Corpus.
1 provisions across 1 enactments
Sabir
The Superintendent of Police, Villupuram District
The Inspector of Police, Villupuram Town Police Station
Mugamatha
P.N. Prakash
V. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
