Madras High CourtCRL OP/21889/2015closed

G.Komala v. The Inspector Of Police

2015-09-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.21889 of 2015 G.Komala ... Petitioner Vs 1.The State of Tamil Nadu, Rep by the Inspector of Police, Edayarpalayam Gramiya Police Station, Edayarpalayam, Coimbatore District.

2.Ganesamurthy ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to forthwith secure the custody of the minor son of the petitioner, namely, Mohanraj, now aged 4 years, from the custody of the 2nd respondent and to hand over the custody of the minor son Mohanraj to the petitioner has ordered in IA.No.61 of 2013 Sub Court, Vaniyambadi.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.C.Emalias, APP [for R1]

O R D E R

This petition has been filed to direct the 1st respondent to secure and hand over the custody of the minor son of the petitioner from the custody of the 2nd respondent to the petitioner.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the 1st respondent and perused the materials placed on record.

3. It is seen that this petitioner has filed an application under Section 26 of the Hindu Marriage Act in respect of the custody of the child and an order has also been obtained from the Sub Court, Vellore, directing the respondent/husband to hand over the custody of the child to the petitioner.

4. It is the contention of the petitioner that the respondent is not handing over the child in spite of the order passed by the Civil Court in the matrimonial proceedings. In this regard, the petitioner also filed an application before the Civil Court under Section 151 CPC for a direction to the respondent/husband to hand https://hcservices.ecourts.gov.in/hcservices/

over the child with the help of police. This petition was allowed way back on 07.11.2013.

5. It is the contention of the petitioner that the respondent is not handing over the child and directions to be issued under Section 482 Cr.P.C to the police to interfere.

6. Under Section 482 Cr.P.C, an order can be passed only in respect of matters covered by the Code of Criminal Procedure and not in matters covered by the Code of Civil Procedure. Therefore, the direction as prayed for by the petitioner cannot be granted under Section 482 Cr.P.C. It is always open to the petitioner to initiate action against the respondent before the Civil Court for disobedience of its order.

With the above observation, this petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registra gya To 1.The Inspector of Police, Edayarpalayam Gramiya Police Station, Edayarpalayam, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K. Selvaraj, Advocate Sr.46692 CRL.OP.No.21889 of 2015 LRS(CO) Eu 16.09.15 https://hcservices.ecourts.gov.in/hcservices/