Latha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Latha ... Petitioner vs.

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

3. Arumugam

4. Padma

5. Pavithra ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents herein to secure and produce the body or person of the detenue namely Vidhusa, D/o. Arunkumar, aged about 3 years who was illegally detained by the respondents 3 to 5 before this Court and hand over the custody of the detenue to the petitioner.

For Petitioner : Mr.C.Senthil Murugan Page No.1 of 4

For R1 & R2 : Mr.RMS.Sethuraman Additional Public Prosecutor For R3 & R4 : Mr.B.Arun

O R D E R

DR.G.JAYACHANDRAN , J.

C.KUMARAPPAN, J.

Taking advantage of the absence of the petitioner's husband who is working in abroad, custody of 3 year old girl child been illegally taken away by the mother-in-law, father-in-law and sister-in-law of the petitioner who are the private respondents herein, the present HCP is filed by the mother of the girl child.

2.

This Court after entertaining the petition has referred the matter to mediation so that the parties may arrive at some amicable settlement. However, the mediation report says that the parties are not ready for amicable settlement. This is a matter where full trial has to be conducted to ascertain whether the petitioner is entitled for guardianship of the minor girl.

3.

Hence, the Habeas Corpus Petition is dismissed with liberty to the petitioner to work out the remedy before the appropriate forum by Page No.2 of 4

filing appropriate petition under the provisions of Guardian and Wards Act, 1890. No costs.

(G.J., J.) (C.K., J.) 19.02.2024 Index : Yes / No : Yes / No bala To

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

Page No.3 of 4

DR.G.JAYACHANDRAN , J.

C.KUMARAPPAN, J.

bala ORDER MADE IN DATED : 19.02.2024 Page No.4 of 4