V. Alagammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.(MD).No.396 of 2017 V.Alagammal : Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.

3.Rajangam.

: Respondents PRAYER:Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying directing the respondents 1 and 2 to produce the body or person of detenue of the petitioner's granddaughter namely Vijayasree D/o.Shanthi aged about 5 years from the illegal custody of the respondent No.3 and hand over to custody of the petitioner.

For Petitioner : Mr.K.G.Arun Kumar For Respondents : Mr.C.Ramesh for R1 and R2 Additional Public Prosecutor

O R D E R

********** [Order of the MR.JUSTICE T.S.SIVAGNANAM] The petitioner is the grand mother of the minor girl child, Vijayasree, daughter of late Shanthi. According to the petitioner, the third respondent, the father of the detenue, has taken away the child. Admittedly, the third respondent, the father of the child is a natural guardian, since the mother is no more. Therefore, if the petitioner claims guardianship over the child, then the remedy for the petitioner lies before a different forum and the present habeas corpus petition is misconceived. Hence, the petition stands dismissed. However, it is open to the petitioner to move the appropriate Court for necessary relief.

Sd/- Assistant Registrar /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar

To 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.

Jikr/tsg MAS/SV-MMS:23.03.2017:2P-3C ORDER MADE IN H.C.P.(MD).No.396 of 2017 15.03.2017 https://hcservices.ecourts.gov.in/hcservices/