P. Aandavar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1090 of 2017 P.Aandavar ... Petitioner -vs1.The Superintendent of Police, Dindigul, Dindigul District.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner's daughter namely A.Priya (aged about 27 years) or her body before this Court and set her at liberty based on the representation dated 03.06.2017 and 17.07.2017.

For Petitioner : Mr.S.Sivaprakash For R1 & R2 : Mr.T.Mohan Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the none other than the father of the detenue. The respondent has produced the detenu, who appeared before us and she informed us that she is not living with her husband for the past four years and there is a child born out of the wedlock. The detenu in clear terms has stated that she left parental home on her own and she is not willing to return back. Therefore, we do not find any illegal custody or detention involved. The child is also brought before us. Both the petitioner and the detenu wants the child with them. Therefore, we decided to let the child to decide.

2. There is a clarity in the way in which the child spoke. In clear terms she has informed us that she would like to continue to reside with the petitioner and his wife, who is none other than https://hcservices.ecourts.gov.in/hcservices/

the mother of the detenu. After all the paramount interest is that of the child, who is studying in Nillakkottai Nadar Primary School. In such view of the matter we permitting the child to live with the petitioner and his wife. The Head Master of the Nillakkottai Nadar Primary School is directed to treat the petitioner and his wife as the guardian for all practical purposes.

3. Accordingly, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CO) / True Copy / Sub Assistant Registrar(C.S.) To:

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

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

3.The Head Master, Nadar Primary School, Nillakkottai.

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

ta/am MAS/KK/SAR2:03.08.2017:2P-5C H.C.P.(MD) No.1090 of 2017 24.07.2017 https://hcservices.ecourts.gov.in/hcservices/