1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH HCP(MD)No.808 of 2011 R.Vijay Ananth :Petitioner -Vs- 1.The Superintendent of Police, Virudhunagar District,Virudhunagar. 2.The Inspector of Police,North Police Station, Rajapalayam, Virudhunagar District. 3.V.K.Sundaram 4.S.Senthilkumar 5.Sathuragiri :Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the 1st and 2nd Respondents to produce the body of the petitioner's minor son namely, Karthick aged 6 years before this Court and hand over the custody to the petitioner. For petitioner : Mr.M.Veilkani Raju For respondents: Mr.A.Ramar, Addl. Public Prosecutor for R1 and R2 Mrs.J.Padmavathy Devi for R3 to R5 ORDER (Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the first and the second respondents to produce his minor son, Karthick, aged about 6 years, alleged to be in the illegal custody of the third respondent and to hand over the custody of the boy to the petitioner. 2.It has been stated that the petitioner had married the third respondent's daughter Geetha Lakshmi, on 12.12.2003,as per the Hindu Rites and Customs, at the Andal Temple, at Srivilliputhur.Due to the wedlock, he had a son, the detenu, on 7.12.2005.Thereafter,the petitioner's wife, Geetha Lakshmi,had died in a road accident.While so, the third respondent had taken away the minor son of the petitioner, contrary to the wishes of the petitioner and his family members.After the lapse of a number of years, the third respondent had refused to send the boy with the petitioner,on the instigation of the fourth and the fifth respondents. In such circumstances, the petitioner has filed the present Habeas Corpus Petition before this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The detenu,aged about 6 years, had been produced before this Court, on 12.10.2011.On enquiry, he had stated that he is living with his grandfather (mother's father) the third respondent herein, happily, and that he is attending school, regularly. He had also stated that the third respondent is taking care of all his needs and that he is not willing to go with the petitioner. 4.On enquiry, the third respondent had stated that the minor boy, Karthick, has been living with him, ever since the death of his mother, Geetha Lakshmi and that the minor boy cannot identify the petitioner, who is his father. He had also stated that he would take care of the minor boy and provide for all his needs without any reservations. 5.In such circumstances, this Court finds it appropriate to send the minor boy, along with his grandfather, the third respondent herein, to take care of his needs, for the present. Accordingly, the Habeas Corpus petition stands closed. However, it goes without saying that it would be open to the petitioner to take appropriate steps to have the legal custody of his minor son, if so advised, in the manner known to law. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1. The Superintendent of Police, Virudhunagar District, Virudhunagar. 2. The Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.V.Janakiramulu, Advocate. SR.No.36009. (lan) RP/10.11.2011/2P/5C. H.C.P(MD)No.808 of 2011 18.10.2011 https://hcservices.ecourts.gov.in/hcservices/