M.Andrew, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR HCP.No.468 of 2018 M.Andrew ... Petitioner -VsThe Superintendent of Police, Office of Superintendent of Police, Coimbatore District.

Coimbatore.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents to physically bring the body of the petitioner's two minor children Jessica, aged 12 years, and Jenita, aged 9 years before this Honourable Court and to handover custody of the two minor children to the petitioner.

For Petitioner : No Appearance For Respondent : Ms.R.Prabhavathi Additional Public Prosecutor For Detenue : Mr.M.T.Arunan ***

ORDER

[Order of the Court by C.T.SELVAM, J.] Petitioner, who is the father of the detenues viz., Jessica, aged 12 years and Jenita, aged 9 years, seeks production of his minor daughters.

2. Heard learned counsel for petitioner, learned Additional Public Prosecutor for respondent as also Mr.M.T.Arunan, learned counsel appearing for detenues.

3. Today, respondent has produced the minor children of the petitioner viz., Jessica and Jenita as also their mother. In our interaction with them, we find that the children are most comfortable in the care and custody of their mother and she too is doing her very best towards their welfare. The matter has https://hcservices.ecourts.gov.in/hcservices/

been listed today under the special list. Consequent thereto the respondent has produced both mother and children before this Court. There is no representation for petitioner. In circumstance where the petitioner has not chosen to make his wife a party to the proceedings and sought production his children, nothing further survives for consideration and accordingly, this Habeas Corpus Petition shall stand dismissed. It is for the petitioner to workout his right, if any, before appropriate Civil forum.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kmi To:

1. The Superintendent of Police, Office of Superintendent of Police, Coimbatore District, Coimbatore.

2. The Public Prosecutor High Court, Madras.

HCP.No.468 of 2018 RV(CO) TR(26/06/2018) https://hcservices.ecourts.gov.in/hcservices/