Leen Joseph v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Leen Joseph, S/o.Alangamani ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

3.Shyni, D/o.Kunjupillai 4.C.Bright ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenue Nimeesha L. Shinto, D/o.Leen Joseph, aged about 15 years before this Court and hand over her to the petitioner.

For Petitioner : Mr.T.Jeen Joseph For R1 and R2 : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by T.RAJA, J.] The petitioner, father of the detenue viz., Nimeesha L. Shinto, has come to this Court, seeking a direction to the respondents 1 and 2 to produce the person or body of the detenue, aged about 15 years, before this Court and hand over her to him.

2.Learned counsel appearing for the petitioner submitted that the marriage between the petitioner and the third respondent took place on 05.12.2002 and a female child viz., Nimeesha L. Shinto was born on 07.03.2004 in the said wedlock and thereafter, due to difference of opinion, they were separated by a decree of divorce. 1/3

It is his further submission that the third respondent, who is the mother of the detenue, has taken away the minor daughter behind the back of the petitioner, hence, the petitioner has been advised to approach this Court for the relief stated supra. 3.Learned Additional Public Prosecutor appearing for the respondents 1 and 2 objecting the prayer on the maintainability of the Habeas Corpus Petition, submitted that the prayer in the Habeas Corpus Petition cannot be entertained by this Court, since already G.W.O.P.No.403 of 2014 has been filed by the petitioner seeking custody of the detenue, viz., Nimeesha L. Shinto before the Principal District Court, Kanyakumari District at Nagercoil, therefore, he prayed for dismissal of the Habeas Corpus Petition. 4.

We have heard the learned counsel appearing for the parties and perused the materials available on record. 5.On a perusal of the records, we are of the considered view that in respect of custody of the detenue, viz., Nimeesha L. Shinto, G.W.O.P.No.403 of 2014 filed by the petitioner is pending before the Principal District Court, Kanyakumari District at Nagercoil. The petitioner has also admitted the same in Paragraph 3 of the affidavit filed by him in support of the Habeas Corpus Petition. Therefore, this Court is unable to entertain this Habeas Corpus Petition, as parallel proceedings are not permissible under Article 226 of the Constitution of India. Hence, this Habeas Corpus Petition is dismissed with liberty to the parties to work out their remedy before the appropriate forum in the manner known to law.

1. The Principal District Court, Kanyakumari at Nagercoil

2. The Superintendent of Police, Kanyakumari District at Nagercoil.

3. The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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

10.12.2019 MK (06.01.2020) 3P 5C 3/3