Mother filed Habeas Corpus petition for custody of minor children. Court held father as legal guardian and alternative remedy available, dismissing petition.
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HCP(MD)No.348 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
HCP(MD)No.348 of 2022
Vijaya @ Gracy Vijaya ... Petitioner/Mother of the detenue
vs.
1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, SIPCOT Police Station, Thoothukudi District.
3.Gnanaraj ... Respondents
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Habeas Corpus, directing the 2nd respondent to produce the person or body of the detenue namely, Gnana Jerish, S/o. Gnanaraj, aged about 13 years and Flona Maria, D/o. Gnanaraj, aged about 11 years before this Hon'ble Court and hand over them to the petitioner.
For Petitioner : Mr.G.Aravinthan
For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
R.SUBRAMANIAN, J. AND
N.SATHISH KUMAR, J.
Admittedly, the 3rd respondent is the father of the minor children who are termed to be illegal detenus. He being the legal guardian of the minor children, he has every right to have custody of the children. If the petitioner is apprehensive of the safety of the children, it is open to her to launch appropriate proceedings before the appropriate forum seeking custody of the children.
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HCP(MD)No.348 of 2022
Sd/Assistant Registrar (AD-II)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
bala To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi. 2.The Inspector of Police, SIPCOT Police Station, Thoothukudi District. 3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai
HCP(MD)No.348 of 2022 DATED : 09.03.2022 NSN(CO) KB(17.03.2022) 2P 4C
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Vijaya @ Gracy Vijaya
Superintendent of Police, Thoothukudi District, Thoothukudi
Inspector of Police, SIPCOT Police Station, Thoothukudi District
Gnanaraj
R.SUBRAMANIAN
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
