Madras High Court
M.Vinoth vs The Superintendent Of Police on 27 June, 2017
Bench: T.S.Sivagnanam, P.Velmurugan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.06.2017
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
H.C.P.(MD).No.869 of 2017
M.Vinoth : Petitioner
Vs.
1.The Superintendent of Police,
Tirunelveli District,
Tirunelveli-627 007.
2.The Inspector of Police,
Kudankulam Police Station,
Kudankulam-627 106,
Tirunelveli District.
3.The Inspector of Police,
Thisayanvilai Police Station,
Thisayanvilai-627 657,
Tirunelveli District.
4.Thilagavathy : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, directing the respondents No.1 to 3 to produce
the body or corpus of the detenue viz., the petitioner's wife, Dhaya (Age 33
years old) D/o.Masanam and two minor daughters, Magdalin Donida (Age 10 years
old) D/o.Vinoth and Mefrina Stefi (Age 8 years old) D/o.Vinoth before this
Court, who are all under the illegal custody of the 4th respondent and set
them liberty.
!For Petitioner : Mr.P.M.Vishnuvarthanan
For Respondents : Mr.T.Mohan,
Additional Public Prosecutor.
:ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.P.M.Vishnuvarthanan, learned counsel for the petitioner and Mr.T.Mohan, learned Additional Public Prosecutor appearing for the respondents 1 and 3.
2. The petitioner is the husband of the first detenue and the father of the detenue 2 and 3. The petitioner has married the first detenue and they are having three girl children. The eldest daughter namely, Melba Janet is with the petitioner/father. The other daughters, namely detenue 2 and 3 with the first detenue/mother.
3.The parties are present before us and after discussion, the matter was referred to Mediation. However, the dispute arose between the petitioner and wife, namely first detenue, could not be resolved in mediation and hence, the matter is placed before us. We spoke with the three minor children. The eldest one Melba Janet, who is now with the petitioner, who appeared before us likes to join with her mother and sisters. However, due to circumstances, she is hesitant to make a free statement before us. We have suggested to her she shall visit her mother and sisters during the week end. At present, she is in Kudankulam along with her father. Her mother is in Thisayanvilai. When we spoke to the petitioner, he is ready and willing to take her and drop her weekly once and presently, she is studying in a school at Kudankulam. The first detenue is ready and willing to accept her elder daughter and she would state that the eldest daughter would always be willing to live with her. For the present, we do not make any observations on this aspect. The first detenue / wife is entitled to move the appropriate Court for getting the custody of the eldest daughter.
4.With the above observations, this Habeas Corpus Petition is closed.
To
1.The Superintendent of Police, Tirunelveli District, Tirunelveli-627 007.
2.The Inspector of Police, Kudankulam Police Station, Kudankulam-627 106, Tirunelveli District.
3.The Inspector of Police, Thisayanvilai Police Station, Thisayanvilai-627 657, Tirunelveli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai. .