Ramkumar Radhakrishnan v. The Superintendent Of Police, Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Ramkumar Radhakrishnan .. Petitioner Vs.

1.The Superintendent of Police Coimbatore District 2.The Inspector of Police Rathinapuri Police Station Coimbatore 641 027 3.The Sub-Inspector of Police Rathinapuri Police Station Coimbatore 641 027 4.Poshika 5.Nandagopal Govindan 6.Sujatha Nandagopal .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents to 1/4

produce the body of the petitioner's daughter Nehashree, aged about five years, before this Court and hand over to the petitioner. For Petitioner : Mr.Suhrith Parthasarathy For R1 to R3 : Mr.R.Muniyapparaj Additional Public Prosecutor For R4 to R6 : Mr.S.Chandrsekar

O R D E R

[Made by N.ANAND VENKATESH, J.] The father of the detenue has filed this petition to produce the body of his daughter Nehashree, aged about five years.

2. The learned Additional Public Prosecutor, on instructions, submitted that the petitioner married the 4th respondent and through the said wedlock, the detenue viz., Nehashree was born on 21.12.2017. It was further submitted that there was some misunderstanding between the petitioner and the 4th respondent and hence, the 4th respondent decided to go away from the matrimonial home along with the detenue; the 4th respondent went to the United States on 10.08.2022 and is now staying along with the 2/4

detenue in the United States.

3. Mr.S.Chandrasekar, Advocate (Enrolment No.793/2000), who undertakes to file vakalat for the respondents 4 to 6 submitted that the detenue is now in the custody of the 4th respondent and they are now residing at 1541, Villa Lane, Mc Lean VA 22101, USA and the 4th respondent is pursuing her Masters in I Global University.

4. In the considered view of this Court, custody of the child in the hands of the 4th respondent, who is its mother, cannot be called as illegal custody. If the petitioner wants to work out his remedy with regard to the custody of the child, the petitioner has to necessarily knock at the doors of the appropriate Court and not this Court.

Recording the above, this habeas corpus petition stands closed. [P.N.P., J.] [N.A.V., J.] 06.12.2022 gya P.N.PRAKASH, J.

AND 3/4

N.ANAND VENKATESH, J.

gya To 1.The Superintendent of Police Coimbatore District 2.The Inspector of Police Rathinapuri Police Station Coimbatore 641 027 3.The Sub-Inspector of Police Rathinapuri Police Station Coimbatore 641 027 4.The Public Prosecutor High Court, Madras 06.12.2022 4/4