Dismissed

U.Sinthal v. The Superintendent of Police

Madras HC1 Mar 2023HCP(MD)/264/2023

Case brief

AI extract

What is this about?

Petitioner filed for writ of Habeas Corpus regarding her minor daughter's disappearance and alleged marriage. The girl was produced in court expressing a wish to stay with her mother until majority. The court dismissed the petition as the minor was secured and handed over to the petitioner.

What did the court decide?

The Habeas Corpus Petition is closed as the minor girl has been secured and handed over to the custody of the mother.

U.Sinthal Vs The Superintendent of Police — Child Custody and Guardianship | Madras HC (2023)

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HCP(MD)No.264 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.03.2023

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CORAM

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THE HON'BLE DR JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN

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H.C.P.(MD)No.264 of 2023

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U.Sinthal .. Petitioner / Mother of the Detenu

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Vs.

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1.The Superintendent of Police, Theni, Theni District.

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2.The Inspector of Police, Allinagaram Police Station, Theni District, Crime No.2 of 2023

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3.The Warden, Manithaneyam Orphanage Home, Kondankipatti, Theni District. .. Respondents

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Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the first and second respondents herein to produce the body or person of the petitioner's daughter /detenu namely Vinitha, D/o.Uthrakumar, aged 17 years and hand over her custody to the petitioner.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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HCP(MD)No.264 of 2023

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For Petitioner :Mr.R.Maheswaran For Respondents :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

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ORDER

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DR G.JAYACHANDRAN,J. and

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K.K. RAMAKRISHNAN,J.

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The mother of the petitioner has filed this Habeas Corpus Petition alleging that her daughter had gone missing from 30.12.2022.

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2.On 27.02.2023, the girl was produced before this Court and she expressed her option to be with the mother till she attains majority. Today, the girl is present before this Court. Even though she admits the marriage with Devaraj, this Court to ascertain the future of the mother/ petitioner directed her to be present today and she is also present. This Court interacted with the mother and daughter. The petitioner is unhappy with the daughter's decision to marry Devaraj and she stated that her daughter, who is 17 years old being kidnapped by Devaraj from her custody.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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HCP(MD)No.264 of 2023

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3.This Court able to understand that it is a matter of love affair and it

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is the personal discretion of the individual to take right decision subject to attainting the age of majority. Now the petitioner is ready to take care of her minor daughter, who wants to be with her till she attains majority and thereafter, to take a decision on her own.

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4.In the said circumstances, this Habeas Corpus Petition is closed, regarding the fact that the minor girl has been secured and handed over to the custody of the mother as wished by the minor girl.

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(G.J.,J.) (K.K.R.K.,J.) 01.03.2023

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NCC:Yes/No Index:Yes/No Internet:Yes/No

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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HCP(MD)No.264 of 2023

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DR G.JAYACHANDRAN,J. and K.K. RAMAKRISHNAN,J.

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1.The Superintendent of Police, Theni, Theni District.

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2.The Inspector of Police, Allinagaram Police Station, Theni District, Crime No.2 of 2023

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3.The Warden, Manithaneyam Orphanage Home, Kondankipatti, Theni District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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H.C.P.(MD)No.264 of 2023

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01.03.2023

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Page 4 of 4

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https://www.mhc.tn.gov.in/judis

U.Sinthal v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

U.Sinthal v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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