R.Sridevi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN R.Sridevi ... Petitioner Vs.
1.The Superintendent of Police Kanchipuram District, Kanchipuram.
2.The Deputy Superintendent of Police Kanchipuram District, Kanchipuram.
3.The Inspector of Police B2 Vishnukanchi Police Station Kanchipuram District.
4.Ranjeet Singh 5.Renuga Devi ... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, seeking direction to the 3rd respondent to produce the petitioner female child namely S.Shruti Singh [aged above 9 years] was born on 28.04.2014 before this Court from the custody of the 4th and 5th respondents and hand over to the petitioner.
For Petitioner : Mr.P.Rajadurai For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, mother of the detenu, minor female child aged 9 years, has come forward with this petition seeking custody of her child who is said to be in the custody of the respondents 4 and 5 herein, who are grandparents of the minor child.
(2)Mr.E.Raj Thilak, learned Additional Public Prosecutor accepts notice on behalf of respondents 1 to 3.
(3)The petitioner is the mother of the detenu minor child. It appears that the petitioner, due to matrimonial discard, is living separately from her husband and that the child was always with her husband. Though it is admitted by the petitioner that the child was with her husband, it is her case that her husband died and hence, the custody of the child should be given to her. The in-laws of the petitioner herein are arrayed as respondents 4 and 5 herein. Even according to the petitioner, initially, the child is under the lawful custody of her husband and thereafter with the
respondents 4 and 5 who are grandparents of the child. (4)It is in the said circumstances, this Court is unable to entertain this petition.
(5)Leaving it open to the petitioner to file appropriate petition before the Court concerned under the Guardians and Wards Act, for appropriate relief, this petition stands dismissed.
[S.S.S.R., J.] [S.M, J.] 14.12.2023 AP Internet : Yes To 1.The Superintendent of Police Kanchipuram District, Kanchipuram.
2,The Deputy Superintendent of Police Kanchipuram District, Kanchipuram.
3.The Inspector of Police B2 Vishnukanchi Police Station Kanchipuram District.
4.The Public Prosecutor, High Court, Madras.
S.S. SUNDAR, J.,
and SUNDER MOHAN, J., AP 14.12.2023