S.P.Velluchamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL S.P.Velluchamy .. Petitioner vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Kullathoor Police Station, Kullathoor, Thoothukudi District.
3.Chithiraiselvi .. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents 1 and 2 to produce the body or person of the petitioner's daughter-in-law namely Muthumari, W/o.Seenirajan aged about 32 years and minor 2nd grandson namely Vaithiyarajan, S/o.Seenirajan, aged about 2 years before this Court and set them at liberty. 1/8
For Petitioner :
Mr.V.Chandrapandi For Respondent Nos.1 & 2 :
Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity, clarity and convenience].
2.This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 16.10.2023 which reads as follows:
'H.C.P.(MD)No.1246 of 2023 M.SUNDAR, J., and R.SAKTHIVEL, J., [Order of this Court was made by M.SUNDAR,J.,] When the matter was taken up, it was noticed that in the affidavit in paragraph No.2 it has been mentioned that date of marriage of HCP petitioner's son is 09.05.2021 but it has also been averred that there are two children from 2/8
the wedlock though petitioner's son unfortunately died on 26.07.2021.
2.When this was pointed out learned Counsel submitted that an error has crept into in the drafting of the affidavit and sought time to do the course correction. Request acceded to.
3.List a fortnight hence. List on 30.10.2023.' 3.Today Mr.V.Chandrapandi, learned counsel for HCP petitioner adverting to the earlier 16.10.2023 proceedings, submits that an additional affidavit has been filed setting out the correct facts. This additional affidavit is before us.
4.Short facts are that the petitioner's son Seenirajan married one Muthumari on 19.05.2017; that from the wedlock they were blessed with two sons 'XXX' (first son) and 'YYY' (second son); that XXX is now 5 years old and YYY is now two years old; that it is to be noted that this Court is masking the names of the children; that HCP petitioner's son unfortunately died on 26.07.2021; that XXX, 5 years old elder son is with HCP petitioner but YYY younger son is with petitioner's daughter-in-law (R.Muthumari); that apprehending unlawful 3/8
detention/illegal custody of 'YYY' [hereinafter 'YYY' shall be referred to as 'absentee' for the sake of convenience] captioned HCP has been filed in this Court on 04.09.2023; that it is to be noted that the third respondent is mother of R.Muthumari (HCP petitioner's Sambanthi). 5.Issue notice to official respondents.
6.Mr.R.Meenakshi Sundaram, learned State Additional Public Prosecutor, accepts notice for official respondents (respondents 1 and 2).
7.Learned Prosecutor, on instructions, submitted that pursuant to 17.08.2023 complaint given by HCP petitioner investigation was started and it has come to light that petitioner's daughter-in-law has remarried and settled in Erode with her spouse one Thiru.Regupathy. It is also submitted that petitioner's daughter-in-law is now in the family way and that absentee (YYY) is safe with the petitioner's daughter-inlaw in Erode. 4/8
8.Learned Prosecutor placed before us Case Diary and the statement given by R.Muthumari says that she fears high-handed action by HCP petitioner.
9.Be that as it may, R.Muthumari, W/o.Raghupathy is now residing at I Palapalayam, Engur Post, Erode - 638 052 with the absentee (YYY).
10.The narrative thus far makes it clear that fear of illegal detention/unlawful custody has come to an end and it is now open to HCP petitioner to work out his remedies in 'GAWA Court' [to be noted, 'GAWA' stands for 'Guardians and Wards Act, 1890'] if so desired and if so advised.
11.All the rights and contentions of the petitioner, more particularly third respondent [we are acutely conscious that third respondent is not before us and HCP is being disposed of] are preserved for any proceedings in GAWA Court and/or any other 5/8
connected/collateral proceedings in any other Court/Courts/Forum/Fora/Authority/Authorities. 12.It is made clear that such Court/Courts/Fora/Forum/Authority/Authorities shall deal with the matter/s (if any) before them on its own merits and in accordance with law untrammelled by the closure of the captioned HCP. Likewise, we also put in a caveat that HCP petitioner who now knows the whereabouts/location of his daughter-in-law and absentee grandson 'YYY' shall not become adventurous in any manner i.e., shall not attempt any high handed activity and shall only resort to legal proceedings before Court/Courts/Forum/Fora/Authority/Authorities for custody and/or visitation rights of absentee that may be permissible in law if so advised and if so desired.
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13.Captioned HCP is disposed of in the aforesaid manner with the aforesaid observations and preserving all the rights in the aforesaid manner.
(M.S.,J.) (R.S.V.,J.) 30.10.2023 Index : Yes/No ps To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Kullathoor Police Station, Kullathoor, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.SUNDAR, J., and R.SAKTHIVEL, J., ps 30.10.2023 8/8