S.Santhi v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.No.1124 of 2021 S.Santhi W/o.Late Sundaravadhanam ... Petitioner Vs 1.The Commissioner of Police, O/o.The Greater Chennai City Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.
2.The Inspector of Police, T-6 Avadi Police Station, Chennai.
3.Subramani S/o.Veerabathran ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing respondents 1 and 2 to produce the detenue viz., Sachita D/o.Sundravadhanam, female, aged about 13 years, before this Court and hand over her custody to the petitioner. For Petitioner :
Mr.S.Seenuvasan For Respondents:
Mr.R.Muniyapparaj Government Advocate [Crl.side] [R1 & R2] Mr.K.Sivakumar [R3] (Vakalat not filed) *****
O R D E R
[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to respondents 1 and 2 to produce the detenue viz., Sachita D/o.Sundravadhanam, female, aged about 13 years, before this Court and hand over custody to the petitioner.
2. For the sake of convenience, the parties will be referred to by their names.
3. One Sundaravadhanam got married to one Sangeetha Lakshmi and the couple were blessed with two children viz., Sachita (date of birth 24.07.2008) and Jayacharan (date of birth 21.05.2011). While so, Sangeetha Lakshmi unfortunately died on 29.07.2013.
4. It is the case of Santhi (petitioner) that after the death of Sangeetha Lakshmi, Sundaravadhanam married her on 25.01.2015 and they were last residing together in Tiruvannamalai since Sundaravadhanam was working as General Manager, District Industrial Centre, Tiruvannamalai.
Unfortunately, Sundaravadhanam also passed away on 14.05.2021 at the age of 53, due to Covid-19.
5. It is the case of Santhi that after the death of Sundaravadhanam, his younger brother Subramani (third respondent) had forcibly taken away Sachita from her company and is not allowing her even to see Sachita. On these allegations, Santhi has filed the present petition seeking custody of Sachita.
6. On notice, Subramani (third respondent) entered appearance through Mr.K.Sivakumar (Enrol.No.169/2002, Mobile No.93821 20860).
7. Today, Santhi is present with her Advocate and Subramani is also present with his Advocate. The girl Sachita is produced before us by Subramani.
8. Learned counsel for Subramani disputed the very marriage of Sundaravadhanam with Santhi and stated that Subramani has filed a petition for guardianship before the District Court, Tiruvallur, in G.W.O.P.SR No.4435/2021 and the petition is yet to be numbered.
9. We are informed that Sundaravadhanam has left a house property in Door No.14/204, Kendhriya Vihar Phase 2, Paruthipattu, Avadi, Thiruvallur - 600 071, which is fetching some rents and that the dispute is mainly with regard to the inheritance of the house.
10. We do not want to go into disputed facts that have been raised by either side. Suffice it to state that till the death of Sundaravadhanam on 14.05.2021, the two children were brought up by Santhi and admittedly, Subramani has taken away Sachita without the order of Court.
11. In such view of the matter, we hand over custody of Sachita to Santhi leaving it open to the parties to work our their remedies before the appropriate forum with regard to guardianship.
12. Santhi stated that she has vacated the house at No.110, Anand Driving School Road, Kurinji Nagar, Natural Park Opposite Road, Vennikkal, Thiruvannamalai District and she is now temporarily residing in the house of one Banu, her friend. Santhi stated that she has admitted Jayacharan in Maharishi Vidya Mandir, Paruthipattu, Melpakkam. Santhi further stated that she will admit Sachita also in the same school and take a residence in and around Avadi and will intimate the address to Subramani.
13. We direct the Child Welfare Committee, Thiruvallur, to visit the house of Santhi, off and on, in order to ensure that the two children are brought up well. Sundaravathanam is also permitted to visit the children after prior intimation to Santhi.
14. As regards the collection of rents from the house of Sundaravadhanam in Avadi, we permit Santhi to open a savings bank account in any nationalised bank in and around Avadi, jointly in the names of Sachita and Jayacharan with Santhi as next friend. Until the appropriate Court decides the Guardian Original Petition, Santhi will be entitled to manage the tenants, collect the rents of the Avadi house, use the money for the welfare of the two children and maintain the accounts for the same.
15. This is purely an interim arrangement and the trial Court shall proceed with the Guardian Original Petition without in any manner being influenced by whatever is stated herein. With the above direction, the Habeas Corpus Petition is closed.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar
gm To 1.The Commissioner of Police, O/o.The Greater Chennai City Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.
2.The Inspector of Police, T-6 Avadi Police Station, Chennai.
3.The Child Welfare Committee, Thiruvallur.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.K.Sivakumar, Advocate, S.R.No.38290 +1cc to Mr.M.Arul, Advocate, S.R.No.37623 H.C.P.No.1124 of 2021 GPL(CO) CB(23/08/2021)