Nithya v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR.JUSTICE K.K. RAMAKRISHNAN H.C.P.(MD)No.205 of 2023 Nithya .. Petitioner / Mother of the Detenu Vs.

The Sub Inspector of Police, Sipcot Police Station, Sivagangai District.

.. Respondent Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondent to produce the body or person of the petitioner's son namely, Karsen, S/o.Kalieswaran, male aged about 9 years before this Court and hand over him custody to the petitioner. For Petitioner :Mr.C.R.Ponnuthai For Respondent :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

DR. G.JAYACHANDRAN,J.

K.K. RAMAKRISHNAN,J.

The mother of 9 years old boy has filed this Habeas Corpus Petition alleging that the minor boy was forcibly taken away by estranged husband on 09.06.2022.

2.The petitioner has given a complaint through post to the SubInspector of Police, Sipcot Police Station, Sivagangai, on 25.01.2023 and thereafter she has filed the present Habeas Corpus Petition on 08.02.2023. 3.Today, the respondent police has produced the boy along with the father before this Court. The petitioner also present. It is stated that the husband of the petitioner had already initiated the divorce proceedings before the Family Court, Sivagangai, in H.M.O.P.No.114 of 2020 and the same was ordered. On enquiry with the petitioner, she admits that she is living separately for more than 2 years in Puthukulam at Sivaganga District. The boy, who is 9 years old, is taken care of by his father and he is attending school at Manamadurai.

4.In view of the above facts, the allegation that the boy was forcibly taken away by his father on 09.06.2022, as alleged in the complaint appears to be false. Therefore, regarding the custody of the boy, the petitioner should work out her remedy before the Family Court which will after trial decide about the best interest of the child and pass appropriate order regarding custody.

5.With the above observation, this Habeas Corpus Petition is dismissed.

(G.J.,J.) (K.K.R.K.,J.) 13.02.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Sub Inspector of Police, Sipcot Police Station, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR. G.JAYACHANDRAN,J.

K.K. RAMAKRISHNAN,J.

Ns H.C.P.(MD)No.205 of 2023 13.02.2023