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Madras High CourtHCP/904/2019closed

Firosebanu v. The Superintendent Of Police,

2019-06-28Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.904 of 2019 Firosebanu ..

Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thiruvarur District.

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

3.Haja Bahurudeen Ali Ahammed ..

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the 2nd respondent to produce the body of the Petitioner's son Nafish Shahufas aged about 10 years and the petitioner's daughter Nafiya Jafrin aged about 9 years who are in the illegal custody of the 3rd respondent and set them at liberty.

For Petitioner ..

Mrs.Greetha Senthilkumar For R1, R2 ..

Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) The petitioner is the mother of the missing son and daughter. She has come up with this petition seeking a direction to the 2nd respondent for the production of her son and daughter.

https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner and the 3rd respondent were wife and husband initially. Thereafter, the petitioner has remarried.

She also begotten a child through the subsequent marriage.

3. Now, the present petition has been filed with respect to the custody of the children born through the wedlock with the 3rd respondent.

4. In view of the above, we do not find any illegal custody involved in this matter. However, it is open to the petitioner to seek custody of the minor children before the jurisdictional court, if so advised.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kmk/smv To 1.The Superintendent of Police, Office of the Superintendent of Police, Thiruvarur District.

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

3.The Public Prosecutor, High Court, Madras - 104.

+1cc to Mr.N.S.Nageshwaran , Advocate SR.No. 55059 +1cc to Mrs.Greetha Senthilkumar , Advocate SR.No. 54779 H.C.P.No.904 of 2019 A.SK(06/08/2019) https://hcservices.ecourts.gov.in/hcservices/