Madras High CourtHCP(MD)/445/2019dismissed

Yogalakshmi, v. The Superintendent Of Police

2019-05-29Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P.(MD) No.445 of 2019 Yogalakshmi ... Petitioner -vs1. The Superintendent of Police Dindigul District, Dindigul

2. The Inspector of Police Gujiliamparai Police Station Gujiliamparai, Dindigul District

3. Saravanan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to direct the 1st and 2nd respondents to produce the body of minor daughter namely Samiksha, aged 5 years, daughter of Saravanan, now detained by the 3rd respondent before this Court and give custody of the minor girl to the petitioner.

For Petitioner : Mr.S.Gokul Raj For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2 Mr.T.Thirumurugan for R3

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] Heard the learned counsel on either side.

2. The petitioner is the wife of the third respondent. Their marriage was solemnized on 30.08.2012 and a girl child Samiksha was born to them. The relationship between the parties had become strained. Therefore, the petitioner filed a petition in H.M.O.P.No.27 of 2019, on the file of the Sub Court, Vedasandur, seeking dissolution of her marriage with the third respondent. The next date of hearing of the said H.M.O.P. is 06.06.2019. The child Samiksha is presently with the third respondent. https://hcservices.ecourts.gov.in/hcservices/

3. The third respondent is the natural guardian of the child. The petitioner seeks custodial right over the child. It is

open to her to workout her remedy before the Sub Court, Vedasandur, in the said H.M.O.P.itself. Filing of this Habeas Corpus Petition is clearly misconceived. Leaving it open to the petitioner to workout her remedy in the said H.M.O.P., this Habeas Corpus Petition is dismissed.

sd/ Assistant Registrar/ Vacation Officer(crl.side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Gujiliamparai Police Station, Gujiliamparai, Dindigul District.

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

+1 CC to Mr.T.THIRUMURUGAN, Advocate ( SR-66291[F] dated 29/05/2019 ) H.C.P.(MD) No.445 of 2019 29.05.2019 krk MK (06.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/