R.Kavitha v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.05.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY Mrs.R.Kavitha ..

Petitioner

Versus

1.The Superintendent of Police, Chengelpet District, Tamil Nadu - 603 002.

2.The Inspector of Police, All Women Police Station, Tambaram.

3.Mr.Kamal ..

Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents herein to produce the body of the persons Sharvikhasri, D/o.R.Kavitha,

female aged about 10 years, Ranveer, D/o.R.Kavitha, male aged about 7 years and Ranveeka, D/o.R.Kavitha, female aged about 7 years, before this Court and hand over their custody to the Petitioner. For Petitioner :

M/s.K.Sumathi For RR1 & 2 :

Mr.A.Damodaran Additional Public Prosecutor

ORDER

[Order of the Court was made by C.V.KARTHIKEYAN, J.,] (1) A mother has filed the present Habeas Corpus Petition seeking custody of her children, complaining that her children are under the unlawful custody of the 3rd respondent, her own husband. (2) As between the petitioner and the 3rd respondent, OP.Nos.342/2022 and 115/2022 are both pending before the Sub Court, Alandur. Both matters are listed for hearing on 03.06.2023. (3) The petitioner is to work out her remedies either before the said Court or by filing a separate petition invoking the provisions of Guardians and Wards Act, 1890.

(4) The Habeas Corpus Petition is not maintainable. We are not

inclined to entertain the same. The petition stands closed. [CVKJ] [SKRJ] 18.05.2023 AP Internet : Yes To 1.The Superintendent of Police, Chengelpet District, Tamil Nadu - 603 002.

2.The Inspector of Police, All Women Police Station, Tambaram.

3.The Public Prosecutor High Court, Madras.

C.V.KARTHIKEYAN, J., and SENTHILKUMAR RAMAMOORTHY, J., AP 18.05.2023