Madras High Court
Pandiselvi vs The Commissioner Of Police on 28 March, 2022
Author: R.Subramanian
Bench: R.Subramanian, N.Sathish Kumar
H.C.P.(MD) No.351 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.351 of 2022
Pandiselvi ... Petitioner / Mother of the Detenu
-Vs-
1.The Commissioner of Police,
Madurai Town.
2.The Inspector of Police,
All Women Police Station,
Madurai Town, Madurai-625 001.
3.Krishnammal
4.Mani @ Manimaran
5.Nirmala ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Habeas Corpus, directing the respondent No.1 to produce the
1/4
https://www.mhc.tn.gov.in/judis
H.C.P.(MD) No.351 of 2022
person or body of the petitioner's son Sivaguruvelan, aged eight months (8
months) before this Court and hand over the child in the hands of the
petitioner.
For Petitioner : Mr.M.Mohamed Ajeesdheen
For R1 and R2 : Mr.T.Senthil Kumar,
Additional Public Prosecutor.
For R3 : Mr.B.Mahendrarajan
ORDER
R.SUBRAMANIAN, J.
AND N.SATHISH KUMAR, J.
The petitioner seeks production of the person of her minor child, namely, Sivaguruvelan, aged about eight (8) months. It is alleged that the minor child has been kidnapped by the respondents 3 to 5. The third respondent is the mother-in-law of the petitioner. The respondents 4 and 5 are the close relatives.
2.It is seen that the husband of the petitioner had died. Upon notice, the respondents 3 to 5 have been produced before this Court. An 2/4 https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.351 of 2022 agreement titled as “rk;kj cWjpnkhopg;gj;jpuk;” has been produced before this Court, which is signed by the petitioner and her parents. It is stated therein that the petitioner herself has voluntarily handed over the custody of the child to her mother-in-law.
3.In view of the same, we do not find any illegal detention as alleged by the petitioner. It is not a case for exercising jurisdiction under Article 226 of Constitution of India, when it is the claim of the respondents 3 to 5 that the custody of the child was voluntarily handed over by the mother to the mother-in-law, upon the death of the husband. Leaving it open to the petitioner to workout her rights in the manner known to law, this Habeas Corpus Petition is dismissed.
(R.S.M., J.) & (N.S.K., J.) 28.03.2022 Index : Yes / No Internet : Yes / No Myr 3/4 https://www.mhc.tn.gov.in/judis H.C.P.(MD) No.351 of 2022 R.SUBRAMANIAN, J.
AND N.SATHISH KUMAR, J.
Myr To
1.The Commissioner of Police, Madurai Town.
2.The Inspector of Police, All Women Police Station, Madurai Town, Madurai-625 001.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD)No.351 of 202228.03.2022 4/4 https://www.mhc.tn.gov.in/judis