Hemalatha v. State Rep by
Case brief
What is this about?
This habeas corpus petition sought production and custody of the petitioner's minor son. The High Court facilitated the handover, issued temporary directions regarding visitation and residence to resolve immediate safety concerns, and closed the petition as the dispute was pending before the civil court for final adjudication on guardianship.
What did the court decide?
Direction to produce child, temporary visitation and residence arrangement, instruction to police to investigate allegations regarding missing educational certificates.
What the court decided
A compact analysis
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: 27.01.2022
Coram
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
and
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
H.C.P.No.1974 of 2021
Hemalatha
...Petitioner
Vs.
- The State represented by The Superintendent of Police,
- Thiruvannamalai,
- Thiruvannamalai District.
- The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.
Issues for consideration
3 issues framed by the court
Whether the petitioner's minor son can be produced before the court and custody handed over to the father in the face of competing domestic violence and guardianship proceedings based on urgency rise
How to resolve the custody and residence dispute between the parties while the matter is pending before the civil court for guardianship?
How certain educational documents held by the petitioner despite being disputed as private peace?
Parties & counsel
- petitioner
Hemalatha
- respondent
The State represented by The Superintendent of Police, Thiruvannamalai
- respondent
The Inspector of Police, Kadaladi Police Station
- respondent
Kumaresan
- respondent
Kalavathi
- respondent
Case details
As recorded by the court registry
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