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Madras High CourtHCP(MD)/390/2019dismissed

T.M.Sivaram Ananth v. The Secretary To Government

2019-05-15Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.05.2019

CORAM:

THE HON'BLE MRS.JUSTICE J.NISHA BANU AND THE HON'BLE MR.JUSTICE M.DHANDAPANI H.C.P(MD)No.390 of 2019 T.M.Sivaram Ananth : Petitioner vs.

1.The Secretary to Government, Union of India, Ministry of External Affairs, South Block, New Delhi.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

4.Vidhya 5.Paul Siden : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the corpus of the Detenu Kevin Rajarajan son of T.M.Sivaram Ananth (aged about 13 years) from the illegal custody of the respondents 4 & 5 before this Hon'ble Court and hand over the custody of the detenu to the petitioner.

For Petitioner : Mr.V.Kannan For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

[Order of the Court was made by M.DHANDAPANI, J.] Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

2.The case of the petitioner is that the petitioner is a husband and the fourth respondent is the wife. There was a matrimonial dispute in between them as if the fourth respondent illegally detained his son. Admittedly, when there is a matrimonial dispute arises between them and that custody of minor child, the remedy is to approach the appropriate forum. Without approaching the appropriate forum, the petitioner filed this Habeas Corpus Petition is not permisible. Hence, the Habeas Corpus Petition is dismissed with liberty to the petitioner to work out the remedy in the manner known to law.

Sd/- Assistant Registrar /Vacation Officer // True Copy // Sub Assistant Registrar(CS ) am To 1.The Secretary to Government, Union of India, Ministry of External Affairs, South Block, New Delhi.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

1CC TO MR.V. KANNAN,ADVOCATE SR 65915 KK 23/05/2019 2P 5C H.C.P(MD)No.390 of 2019 15.05.2019 https://hcservices.ecourts.gov.in/hcservices/