Habeas corpus petition seeking production of petitioner's wife and minor child from third respondent's custody is dismissed as the father had already lost the divorce proceedings and retained custody legally.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
Coram
The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN
H.C.P.No.597 of 2022
Devachandran ..Petitioner/Husband of the detenue
Vs.
3.Abraham ..Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to produce the petitioner's wife Rebecca, aged about 32 years and minor child Angel, aged about 3 years, before this Court, from the illegal custody of the 3rd respondent and set them at liberty.
For Petitioner : Mr.G.Aanand Raj
ORDER
[Made by P.N.PRAKASH, J.]
This habeas corpus petition has been filed seeking a direction to the 2nd respondent to produce the petitioner's wife Rebecca, aged about 32 years and minor child Angel, aged about 3 years, before this Court, from the illegal custody of the 3rd respondent and set them at liberty.
In the result, this habeas corpus petition stands closed with liberty to the petitioner to work out his remedy in the manner known to law.
Sd/-
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
nsd
To
H.C.P.No.597 of 2022
PL (CO) PR (27/04/2022)
2 issues framed by the court
Whether a writ of habeas corpus can be issued to produce a wife and minor child from the custody of the wife's father when the husband has lost a divorce petition filed against the wife?
Whether the custody of the wife and minor child by the husband's father constitutes illegal custody warranting habeas corpus relief when the wife has legally refused separation?
1 provisions across 1 enactments
Devachandran
Superintendent of Police
Abraham
P.N. Prakash
A.A. Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
