P.Geetha v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH HABEAS CORPUS PETITION NO.3222 OF 2015 P.Geetha .... Petitioner Vs.

1. The State of Tamil Nadu, rep. by the Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2. State rep. by Inspector of Police, All Women Police Station, Thiruvallur, Thiruvallur District.

3. K.Pradeep .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the first and second respondents to produce the body of the detenue, by name Pradeepa, daughter of K.Pradeep, aged about 9 years, now detained under the custody of the 3rd respondent and set the detenue at liberty forthwith.

For Petitioner : Ms.D.Prasanna For Respondents: Mr.A.N.Thambidurai, Addl. Public Prosecutor -R1 and R2

O R D E R

(Order of the Court was made by R.SUDHAKAR,J.) This Habeas Corpus Petition is filed by the mother of the detenue Pradeepa for a direction to the respondents to produce the detenue before this Court and set her at liberty.

2. It is the case of the petitioner, who is the mother of the detenue that the child/detenue, by name Pradeepa, is in the illegal custody of the first respondent, who is none other than the father of the child. It is seen that it is a case of love https://hcservices.ecourts.gov.in/hcservices/

marriage and the child was born in such wedlock on 19.06.2005. It is also seen from the affidavit filed that there is a matrimonial discord between the petitioner and the third respondent and in this regard, the petitioner has filed maintenance petition before the Judicial Magistrate Court at Thiruvallur in M.C.No.6 of 2015 and the same is pending.

3. We find that even though there is a matrimonial discord between the parties, nevertheless, the parties have agreed to certain terms in maintaining the child/detenue. Thereafter, it appears a complaint has been sent by the petitioner to the respondent - police on 18.12.2015 to secure the child and immediately thereafter, the petitioner has filed the present petition.

4. In the light of the above facts, we find that the detenue is with the father only and it is not a case of illegal detention warranting issuance of Writ of Habeas Corpus. Accordingly, this Habeas Corpus petition stands closed and the parties are at liberty to work out their remedies before the appropriate forum.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To

1. The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2. The Inspector of Police, All Women Police Station, Thiruvallur, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras. H.C.P.No.3222 of 2015 bvr(CO) srg(19/01/2016) https://hcservices.ecourts.gov.in/hcservices/