Tamil Selvi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2022
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR JUSTICE SUNDER MOHAN Tamil Selvi ... Petitioner -vs1.The Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Solaigramam Police Station, Ilayangudi Taluk, Sivagangai District.
3.Kannan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, directing the respondents 1 & 2 to produce the petitioner's minor children namely 1) Prakya aged 7 years and 2 ) Minor son Kavinilavan, aged 2 1⁄2 years in person or bodies of detenue before this Court and hand over the custody to the petitioner.
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For Petitioner : Mr.P.Muthusamy For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R3 : Mr.S.Malaikani
O R D E R
DR.G.JAYACHANDRAN,J.
SUNDER MOHAN,J.
The Habeas Corpus Petition is filed by the mother of the detenue alleging that the father has taken the custody of the two minor children and not taking care of them.
2. The affidavit filed in support of the petition reveals that there is a matrimonial dispute between the husband and wife and two children are been used as a bond to settle their dispute.
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3. The petitioner is a wife of the third respondent alleges that she has completed M.Sc., B.Ed., and qualified to get an employment as a Teacher. Her husband infuriated by that, has assaulted her causing severe fracture in the spinal cord and L2, L3 bones has borken and she was taken treatment as Inpatient. A complaint in Cr.No.75 of 2022 alleging abuse of causing grievous injury, intimidation, harassment of women was charged and the same being taken up for investigation. In the said circumstances, the children been taken by the third respondent and refused to allow her to see them.
4. The very reading of the affidavit clearly indicates that this is a matrimonial dispute between the husband and wife. The children at present in the custody of the third respondent.
5. The learned counsel appearing for the third respondent would submit that the children are living happily with the third respondent and taken care properly.
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6. These are all the disputed facts which has to be decided by the Court by conducting trial. Hence, this Habeas Corpus Petition is dismissed with liberty to the petitioner to approach the competent Court seeking custody of the children. [G.J.,J.] [S.M.,J.] Index : Yes / No 19.12.2022 Internet : Yes / No am To 1.The Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Solaigramam Police Station, Ilayangudi Taluk, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.G.JAYACHANDRAN,J.
SUNDER MOHAN,J.
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