A mother sought habeas corpus for custody of her 9-year-old daughter held by the child's father, the petitioner's former husband. The child was produced and stated she wished to live with her father; parallel guardianship proceedings were pending at the Family Court, Madurai. The petition was closed with no further orders.
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H.C.P(MD)No.1209 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA
H.C.P.(MD) No.1209 of 2024
N.Durga
...Petitioner /Mother of the detenu
Vs.
State of Tamil Nadu, rep. by 1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Thallakulam Police Station, Madurai City.
3.Ashok Kumar
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for the issue of a Writ of Habeas Corpus, directing the
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H.C.P(MD)No.1209 of 2024
respondents 1 and 2 herein to produce the person or body of the petitioner's daughter namely, Monumitha, D/o.Ashok Kumar, aged about 9 years, before this Court and hand over the custody.
For Petitioner : Mr.G.Sivakumar For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
The Habeas Corpus Petition has been filed by the mother complaining that her daughter, aged about 9 years is under the custody of the third respondent, her former husband.
2. Owing to various reasons, she had filed HMOP No.701 of 2021 and had obtained divorce from the third respondent by an order dated 22.11.2022. She had also remarried.
3. The child had been produced before this Court by the
third respondent. There are parallel proceedings pending in G.W.O.P.No.349 of 2023 before the Family Court at Madurai. All necessary reliefs can be obtained only before the said Court.
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H.C.P(MD)No.1209 of 2024
4. The detenu is safe. We enquired with her. Since the
detenu is alive and had expressed her clear intention that she wants to go and live with her father/third respondent, no further orders are required in this Habeas Corpus Petition.
5. Accordingly, this Habeas Corpus Petition stands closed.
(C.V.K., J.) (R.P., J.) 04.10.2024
Index : Yes / No Internet : Yes / No NCC : Yes / No RM
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H.C.P(MD)No.1209 of 2024
To
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H.C.P(MD)No.1209 of 2024
C.V.KARTHIKEYAN, J. AND R.POORNIMA, J.
RM
ORDER MADE IN H.C.P.(MD) No.1209 of 2024
04.10.2024
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1 issue framed by the court
Whether the habeas corpus petition should be entertained where the child is in her father's custody and expresses a wish to live with him, with guardianship proceedings pending before the Family Court
1 provisions across 1 enactments
N.Durga
The Commissioner of Police, Madurai City
The Inspector of Police, Thallakulam Police Station, Madurai City
Ashok Kumar
C.V.Karthikeyan
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
