S.C.Hariharan, Aged 38 Years v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.06.2018

CORAM

THE HON'BLE Mr. JUSTICE M.VENUGOPAL and THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR H.C.P.No.1041 of 2018 S.C.Hariharan ... Petitioner Vs 1.The Director-General of Police, Law & Order Tamil Police Headquarters, Mylapore, Chennai - 600 004.

2.The Inspector of Police, C 4 Barur Police Station, Barur 635 201 Krishnagiri District.

3.S.Geetha ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the 1st and 2nd Respondents to produce the body of the detenue H.Ajitha aged about 6 years (minor child) from the custody of the 3rd Respondent before this Court and handover the custody to the Petitioner.

For Petitioner : Mr.Shaikh mehurnisa For Respondents 1 & 2: Mr.R.Prathap Kumar Additional Public Prosecutor For 3rd Respondent : Mr.L.Srilekha

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] Heard the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondents 1 & 2 and the Learned Counsel for the 3rd Respondent.

2.The Petitioner/Husband has filed the instant Habeas Corpus Petition praying for passing of an order by this Court in directing the Respondents 1 and 2 to produce the body of the Detenue H.Ajitha, minor daughter, aged about 6 years from the custody of the 3rd Respondent/Wife.

3.The main grievance of the Petitioner, as seen from the Affidavit in the Habeas Corpus Petition, is that his daughter H.Ajitha minor girl aged about 6 years, is forced to live without him and further that, the 3rd Respondent/Wife had retained the minor child forcefully depriving the child with the father's love and care, which the minor child needs because of the reason that the minor child is of tender age. The other grievance expressed on behalf of the Petitioner is that as father of the minor daughter H.Ajitha, he has not seen her for several days.

4.At this stage, the Learned Additional Public Prosecutor for the Respondents 1 and 2 brings it to the notice of this Court that the 3rd Respondent/Wife had filed I.A.No.1712 of 2018 in O.P.No.2742 of 2017 on the file of the VII Additional Principal Judge, VII Additional Family Court, Chennai seeking custody of minor female child to her. The Learned VII Additional Principal Judge, VII Additional Family Court, Chennai on 25.04.2018 had passed an order allowing the I.A.No.1712 of 2018 in O.P.No.2742 of 2017 by observing that the 3rd Respondent/ Wife (Petitioner before the VII Additional Family Court, Chennai) is entitled to have the legal custody of the minor female child viz., H.Ajitha. A preamble portion of the order of the VII Additional Principal Judge, VII Additional Family Court, Chennai in I.A.No.1712 of 2018 in O.P.No.

2742 of 2017 dated 25.04.2018 latently and patently indicates that the Petitioner/Husband [who figured as Respondent in the aforesaid Interlocutory Application] was called absent and set exparte. 5.At this juncture, on behalf of the Petitioner, the Learned Counsel for the Petitioner submits that the Petitioner/Husband (Respondent in I.A.) had not received any summons from the VII Additional Family Court, Chennai and as such, the Petitioner/Husband is very much aggrieved against the order dated 25.04.2018 in I.A.No.1712 of 2018 in O.P.No.2742 of 2017 passed by the VII Additional Principal Judge, VII Additional Family Court, Chennai, whereby and whereunder, the custody of the female child H.Ajitha was granted to and in favour of the 3rd Respondent/Wife.

6.It transpires that the present Habeas Corpus Petition was filed before this Court by the Petitioner/Husband on 29.05.2018 after passing of the order by the VII Additional Principal Judge, VII Additional Family Court, Chennai on 25.04.2018. 7.In view of the fact that the order of the VII Additional Principal Judge in I.A.No.1712 of 2018 in O.P.No.2742 of 2017 is very much earlier to the filing of the present Habeas Corpus Petition by the Petitioner/Husband and as on date, the said order stands and operates against the Petitioner/Husband, this Court closes the present Habeas Corpus Petition, by granting liberty to the Petitioner/Husband to assail the Legality, Validity and Correctness of the Order of the VII Additional Principal Judge, VII Additional Family Court, Chennai dated 25.04.2018 in I.A.No.1712 of 2018 in O.P.No.

2742 of 2017, of course, in the manner known to Law and in accordance with Law. 8.In fine, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Sgl To 1.The Director-General of Police, Law & Order Tamil Police Headquarters, Mylapore, Chennai - 600 004.

2.The Inspector of Police, C 4 Barur Police Station, Barur 635 201 Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1041 of 2018 vgii[co] srg 21/06/2018