Rafeena Mohamed v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.2486 of 2019 Rafeena Mohamed ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Thiruvarur District.

2. The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

3. Sulthanul Ariffin

4. Abdul Salam ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus to direct the first and second respondents to produce the person or body of the petitioner's children, namely Rahman Khan and Rania Shareen, aged about 2 years 10 months before this Court and hand over to the petitioner.

For petitioner : Mr.D.S.Haroon Rasheed For respondents: Mr.R.Prathap Kumar, Addl.P.P. for RR-1 & 2 Mr.N.Moorthi for R-4

ORDER

(The Order of the Court was made by R.Subbiah,J) This Habeas Corpus Petition is filed praying for issuance of a Writ of Habeas Corpus to direct the first and second respondents to produce the person or body of the petitioner's children, namely Rahman Khan and Rania Shareen, aged about 2

years 10 months before this Court and hand over to the petitioner.

2. The third respondent is the petitioner's husband. Both of them got married on 07.01.2016 as per Islamic rites and customs. Due to their wedlock, they had two children as twins, by name Rahman Khan and Rania Shareen. There was misunderstanding between the petitioner and the third respondent and the third respondent has always been harassing her for transferring property in his name. While situation stood thus, on 28.04.2019, the third respondent took the petitioner as well as the children to Singapore and there also, she got mental agony by the act of the third respondent.

3. It is further stated by the petitioner that on 05.02.2019, the petitioner and third respondent returned to home-town. Thereafter, the third respondent took the petitioner as well as the children to the petitioner's parents' house and left them there. Subsequently, the third respondent went to Singapore and totally neglected the petitioner as well as children. The petitioner's father gave a complaint before the second respondent-Police. The third respondent and the petitioner appeared before the investigating officer and the third respondent assured that he would take the petitioner and children. It is further stated by the petitioner that the third respondent initially wanted to take the children alone with him stating that he would take the petitioner later.

Believing the words of the third respondent, the petitioner handed over the children to the third respondent in the presence of the second respondent-Police. But suddenly, the petitioner came to know that the third respondent took the children along with him to Singapore and he also cancelled the petitioner's Visa. All the attempts made by the petitioner to contact the third respondent ended in vain. Hence, the petitioner has filed the present Habeas Corpus Petition for the relief stated supra.

4. When the Habeas Corpus Petition is taken up for consideration, the petitioner appeared before this Court. We have enquired her and she has stated that the children were taken by her husband to Singapore by making false statement, and thereafter, he has cancelled her Visa and thus, now the children are in illegal custody with the third respondent.

5. The fourth respondent, who is a relative of the petitioner, also appeared before us and we have also enquired him.

6. The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, filed status report and submitted that it is purely matrimonial dispute between the parties. Thus, he sought for dismissing the Habeas Corpus Petition.

7. We have perused the status report. We are of the view that it is matrimonial dispute between the parties and hence, filing this Habeas Corpus Petition is not the remedy for the petitioner. Hence, the Habeas Corpus Petition is closed, with liberty to the petitioner to work out her remedy before appropriate form by initiating appropriate legal proceedings regarding the custody of the children.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Thiruvarur District.

2. The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

3. The Public Prosecutor, High Court, Madras.

+2cc to Mr.D.S.Haroon Raseed, Advocate Sr.104242 H.C.P.No.2486 of 2019 Ssd[co] srg 29/01/2020