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Madras High CourtHCP/1212/2016dismissed

E.Ramani v. The State Rep By Its

2016-06-15Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.6.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1212 of 2016 E.Ramani ..... Petitioner/mother of the detenue Vs

1. The State rep. by The Inspector of Police, W-14, All Woman Police Station, Thiruvatrvur Chennai.

2. Elayarasan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS direct the Respondents herein to produce the son of the Petitioner ETHISAN 2 3/4 YEARS now her is restraining from the 2nd Respondent before this Hon`ble Court and set at liberty.

For Petitioner :

Mr.R.Muthukumar For Respondents :

Mr.V.M.R.Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of 2 years and 9 months old child by name, Ethisan. According to the petitioner, the second respondent, who is her husband has taken the child in his custody and he is keeping the child. Alleging that the said custody is illegal, the petitioner has come up with the petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent. We have not issued notice to the second respondent. https://hcservices.ecourts.gov.in/hcservices/

3. From the averments made in the affidavit, it is crystal clear that there is some matrimonial dispute between the petitioner and the second respondent and there is also a dispute in respect of the custody of the child. The child is after all in the custody of his father which cannot be termed as illegal.

4. Therefore, the remedy for the petitioner is to work out before a competent Civil Court. For granting relief as prayed for, the Habeas Corpus Petition cannot be invoked.

5. In the result, the Habeas Corpus Petition is dismissed. It is open for the petitioner to go before the Civil Court. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Inspector of Police, W-14, All Woman Police Station, Thiruvatrvur Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Muthukumar Advocate sr.33262 H.C.P.No.1212 of 2016 aa29/06/2016 https://hcservices.ecourts.gov.in/hcservices/