Madras High Court
A.Ambika vs The Commissioner Of Police on 29 November, 2021
Author: P.N.Prakash
Bench: P.N.Prakash, R.Hemalatha
H.C.P.Sr.No.39682 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2021
Coram
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
and
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
H.C.P.Sr.No.39682 of 2021
A.Ambika
D/o.K.Ananadraj .. Petitioner
Vs.
1.The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road, Vepery,
Chennai - 600 007.
2.The Inspector of Police,
V5 - Thirumangalam Police Station,
Anna Nagar West, Chennai.
3.Ministry of Women and Child Development,
Government of India,
'A' Wing, Shastri Bhawan,
New Delhi - 110 001.
4.Ministry of External Affairs,
Government of India,
'A' Wing, Jawaharlal Nehru Bhawan,
23-D, Janpath, New Delhi - 110 011.
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H.C.P.Sr.No.39682 of 2021
5.High Commission of India,
India House, Aldwych,
London WC2B 4NA,
United Kingdom.
6.N.Srinivasan
S/o.K.V.Natarajan .. Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Habeas Corpus directing respondents 1 and
2 herein to produce the petitioner's son Akhil, aged about 10 years, before
this Court and hand over to the petitioner.
For Petitioner : Mr.S.Namasivayam
*****
ORDER
[Order of the Court was made by P.N.PRAKASH, J] This is a case of alleged child abduction by the husband from India to United Kingdom. The Registry was of the view that the Habeas Corpus Petition is not maintainable since the parties are litigating in C.M.A.Nos.4502 and 4773 of 2019 and also in Contempt Petition No.737 of 2020. Therefore, the matter was posted for maintainability.
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2. Heard the learned counsel for the petitioner, who submitted that the Habeas Corpus remedy is different and distinct from the remedy that is available to the petitioner in the contempt proceedings and in the aforesaid Civil Miscellaneous Appeals.
3. We carefully perused the orders that have been passed by the Division Bench of this Court in Contempt Petition No.737 of 2020 and C.M.A.Nos.4502 and 4773 of 2019. In those orders, the fact that the husband had taken the child to United Kingdom has been brought to the knowledge of the Division Bench and in the last order dated 08.09.2021, the Division Bench has directed the husband to permit the wife to see the child via video conferencing at 11.00 a.m. in the week ends. Thus, the proceedings in Contempt Petition No.737 of 2020 and C.M.A.Nos.4502 and 4773 of 2019 are still pending before the said Division Bench. While that being so, as rightly noted by the Registry a fresh Habeas Corpus Petition on the same cause of action cannot be maintained. That apart, custody of a child with either of a spouse cannot be said to be per se illegal for issuance 3/6 https://www.mhc.tn.gov.in/judis H.C.P.Sr.No.39682 of 2021 of a writ of habeas corpus. As stated above, in this case, various orders have been passed by the Division Bench in the contempt proceedings as well in the civil miscellaneous appeal proceedings, which are pending further adjudication. Therefore, we uphold the objection raised by the Registry and hold that the present Habeas Corpus Petition is not maintainable.
Accordingly, this Habeas Corpus Petition is closed at the SR stage.
[P.N.P., J] [R.H., J]
29.11.2021
Index: Yes/No
gm
To
1.The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.
2.The Inspector of Police, V5 - Thirumangalam Police Station, Anna Nagar West, Chennai.
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3.Ministry of Women and Child Development, Government of India, 'A' Wing, Shastri Bhawan, New Delhi - 110 001.
4.Ministry of External Affairs, Government of India, 'A' Wing, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi - 110 011.
5.High Commission of India, India House, Aldwych, London WC2B 4NA, United Kingdom.
6.The Public Prosecutor, High Court, Madras.
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