Madras High CourtHCP(MD)/217/2022dismissed

Swarna v. The Deputy Superintendent Of Police

2022-02-15Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.217 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.217 of 2022 Mrs.D.Swarna ... Petitioner/mother of the detenues Vs.

1.The Deputy Superintendent of Police, Pollachi, Coimbatore District.

2.The Inspector of Police, All Women Police Station, Pollachi, Coimbatore District.

3.The Inspector of Police, Thenkarai Periyakulam Police Station, Theni District.

4.P.Rajasekaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the third respondent to produce the petitioner's son Nishanth and daughter Tanshika, S/o. & D/o.Rajasekaran, aged 11 and 7 years before this Court and hand over their custody to the petitioner. For Petitioner : Mr.D.Selvanayagam For R-1 to R-3 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

The petitioner seeks production of the person of her minor children.

2. Even as per the affidavit, the minor children are in the custody of their father viz., the fourth respondent. It seems to be the dispute with regard to the custody of the children between the husband and wife. There is no illegal detention involved. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.217 of 2022 pm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Deputy Superintendent of Police, Pollachi, Coimbatore District.

2.The Inspector of Police, All Women Police Station, Pollachi, Coimbatore District.

3.The Inspector of Police, Thenkarai Periyakulam Police Station, Theni District.

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

+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-6137[F] dated 15/02/2022 ) H.C.P.(MD) No.217 of 2022 15.02.2022 SS/24.02.2022 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2