Rekha v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2024 CORAM :

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM Rekha W/o Jayaprakash ..

Petitioner v.

1. The State rep by The Superintendent of Police Ranipet District, Ranipet

2. The State rep by The Inspector of Police All Women Police Station Arakkonam Taluk Ranipet District

3. Jayaprakash S/o Jayaseelan

4. Endrison S/o Jayaseelan ..

Respondents Petition filed under Article 226 of the Constitution of India, praying

for issuance of a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of petitioner's minor son namely Kaushik Rao, S/o J.Jayaprakash, aged 4 years, before this Hon'ble Court and handover to the petitioner.

For Petitioner ::

Mr.P.Krishnan For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor for R1 & R2 R3-Mr.J.Jayaprakash/Party in Person R4-Not ready in notice

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) This writ of habeas corpus has been instituted to direct the respondents 1 to 3 to produce the minor son of the petitioner, namely, Kaushik Rao, S/o J.Jayaprakash, aged 4 years.

2. The second respondent/Inspector of Police, All Women Police Station produced the minor boy along with the third respondent, who is the father. The petitioner is also present.

3. We have examined the petitioner and the third respondent. Admittedly, the petitioner was not staying in India for more than one year. The boy was with the father during the said period and the minor boy, aged about 4 years, is more attached with the father and he is unable to recognise the mother in view of her absence for more than one year.

4. Normally a child below 5 years must be with the custody of mother. Though under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the legal custody must be normally with the mother till the child attains the age of 5 years, in the present case, the mother was absent for more than one year and she was working with the Saudi Arabia Government. The petitioner informed before this Court that she will go back to Saudi Arabia after expiry of the leave period. Since the boy is more attached with the father/third respondent and not willing to join with the mother, we are inclined to form an opinion that the minor boy is not under illegal detention. If matrimonial dispute exists between the petitioner and the third respondent, they are at liberty to workout their remedy before the competent Court of law in the manner contemplated. With this observation,

the habeas corpus petition stands disposed of. Index : yes (S.M.S.,J.) (V.S.G.,J.) 17.10.2024 ss To

1. The Superintendent of Police Ranipet District, Ranipet

2. The Inspector of Police All Women Police Station Arakkonam Taluk Ranipet District

3. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND V.SIVAGNANAM,J.

ss 17.10.2024