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Madras High CourtHCP/1042/2016dismissed

Prabavathy, v. The State Rep. By Its The

2016-05-13Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.05.2016

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.No.1042 of 2016 Prabavathy ... Petitioner/Mother of the Detenue Vs.

The State represented by its The Inspector of Police, E4, Police Station Kalpakkam, Kanchipuram District.

... Respondent Prayer: The Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying for a Habeas Corpus, directing the respondent to produce the petitioner's son Vishnu, S/o.E.Karnan aged about 11 years before this Court either in person or body.

For Petitioner : Mr.P.G.Perumal Pandian For Respondent : Mr.M.Maharaja Additional Public Prosecutor

ORDER

(Order of the Court was delivered by N.KIRUBAKARAN,J.) The petitioner-wife has filed the Habeas Corpus petition seeking direction to produce her son "Vishnu" aged about 11 years before this Court.

2. After notice, the police produced the boy along with his father namely, Mr.Karnan. The boy has been examined and this court found that the boy on his own went along with his father. He is very happy with his father's custody.

3. This Court tried to settle the issue by calling both the parties for conciliation. However, it is found that there is no possibility of re-union.

4. This Court finds that it is not an illegal custody of the boy and he is under the custody of the father. https://hcservices.ecourts.gov.in/hcservices/

5. Therefore, the petition is dismissed giving liberty to the petitioner to move before the Family Court, if she desires so. No costs.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar vk To The Inspector of Police, E4, Police Station Kalpakkam, Kanchipuram District.

H.C.P.No.1042 of 2016 JSV(CO) CA(02/06/2016) https://hcservices.ecourts.gov.in/hcservices/