R.Manjula v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.05.2025 C O R A M THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN R.Manjula ... Petitioner/Grandmother of Detenue -vs1. State Rep. by Superintendent of Police, Chengalpattu District.
2. The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.
3. V.Sivakumar
4. Mrs.Aswini ... Respondents 1 to 4 Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India, directing the 2nd Respondent to produce the petitioner's minor grand-daughter Sanjana, aged about 12 years before this Court from the custody of the 3rd respondent and 4th respondent and hand over to the petitioner.
For Petitioner : Mr.E.Senthil Kumar For R1 & R2 : Mr.E.Raj Thilak Addl. Public Prosecutor For R3 & R4 : Mr.C.Munusamy ***** 1/4
O R D E R
(By G.R.SWAMINATHAN,J.) This Habeas Corpus Petition has been filed for a direction to the 2nd Respondent to produce the petitioner's minor grand-daughter Sanjana, aged about 12 years before this Court from the custody of the 3rd respondent and 4th respondent and hand over to the petitioner.
2. Heard the learned counsel for the respective parties.
3. The petitioner's daughter Bhavani got married to the 3rd respondent on 05.12.2011 and a female child was born on 23.08.2012 from the wedlock. Bhavani passed away sometime in 2020. The petitioner has filed this petition for production of her grand child.
4. The grand child and the 3rd respondent appeared before us in person. We had a long interaction with both parties. Definitely, the custody of the petitioner's grand child with the 3rd respondent cannot be said to be illegal by any stretch of imagination. We thought of working out some kind of arrangements, so that the petitioner can visit the child. However, the 2/4
respondents are not agreeable for the same. The only course open to the petitioner is to file GWOP and establish her rights. The petitioner has to necessarily file GWOP only before the jurisdictional Court. If any such petition is filed, it should be numbered immediately and disposed of as expeditiously as possible.
5. With the above liberty and direction, this Habeas Corpus Petition is disposed of. No costs.
(G.R.S.J.,) (V.L.N,J.,) 21.05.2025 Index: Yes / No Internet: Yes / No Speaking Order/ Non Speaking Order ar/asi Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
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G.R.SWAMINATHAN,J., AND V.LAKSHMINARAYANAN,J., ar/asi To:
1. The Superintendent of Police, Chengalpattu District.
2. The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.
3. V.Sivakumar Mira tower, DRA Pristine Pavilion, Mahindra World City, Anjur R.F., Chengalpattu, Pin Code - 603 002.
4. Mrs.Aswini Mira tower, DRA Pristine Pavilion, Mahindra World City, Anjur R.F., Chengalpattu, Pin Code - 603 002.
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