B. Dilshad Begum v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR B.Dilshad Begum W/o.M.Manzoor Ilahee ..

Petitioner Vs.

1.

The Superintendent of Police Dharmapuri District Dharmapuri.

2.

The Sub Inspector of Police All Women Police Station Palacode, Dharmapuri District.

3.

Monsoor Illahi S/o.Ibrahim 4.

Ibrahim 5.

Gulshar Begum .. Respondents Page Nos.1/4

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the 2nd respondent to produce the petitioner's minor girl xxxxx aged about 3 years before this Honourable Court and hand over to the petitioner. For Petitioner :

Mr.Venkatesh S.

For Respondents 1 & 2 :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity and convenience] has been filed by mother of absentee (we are refraining from giving the name with the intention of masking).

2. Mr.S.Venkatesh, learned counsel on record who is before us submits that the petitioner and third respondent are spouses, the fourth and fifth respondents are petitioner's parents-in-law.

3. Learned counsel on record for petitioner submits that the petitioner and third respondent have a three year old daughter (absentee) from the wedlock. Specific and categoric case of the petitioner is, on 23.01.2023, third respondent (petitioner's spouse / husband) and her parents-in-law (fourth and fifth respondents) insisted the petitioner to give consent for Page Nos.2/4

divorce. Thereafter, third respondent had taken away his child i.e., the three year old absentee is the case of the petitioner. The petitioner wants custody and guardianship of the absentee.

4. Be that as it may, the petitioner has given a complaint on the file of second respondent and CSR being CSR No.17 of 2023 dated 25.01.2023 has been registered. From the narrative thus far, it is clear that it is a case of a tussle between two parents for custody and guardianship of a minor child. It is nobody's case that the absentee is in illegal custody of anyone. It is therefore, open to the petitioner to work out her remedies in appropriate Forum / Fora. However, we are expressing no opinion on the second respondent from proceeding in accordance with law qua the aforementioned complaint qua CSR. As it is not a case of illegal detention, captioned HCP is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 14.02.2023 Index : Yes / No Speaking / Non-speaking mk Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk To 1.

The Superintendent of Police Dharmapuri District Dharmapuri.

2.

The Sub Inspector of Police All Women Police Station Palacode, Dharmapuri District.

3.

The Public Prosecutor High Court, Madras.

14.02.2023 Page Nos.4/4