1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.446 of 2011 Vijayarani ... Petitioner Vs. 1.The Inspector of Police, All Women Police Station, Sivaganga, Sivagangai District. 2.The Superintendent of Police, Sivagangai District, Sivagangai. 3.Surasangu 4.Ayyakkannu 5.Chellappan ... Respondents PRAYER: The Petition is filed under Article 226 of the Constitution of India, directing the respondents to produce the body of the petitioner's minor daughters namely, Aparna, aged about 9 years and Kavya, aged about 7 years before this Court and handover the custody to the petitioner. For Petitioner : Mr.K.Vinayagan For Respondents: Mr.C.Ramesh, APP for R1 & 2 Mr.K.Elil Selvi for R3 O R D E R (Order of the Court was made by S.RAJESWARAN,J.) The petitioner has filed this petition to produce her minor daughters namely, Aparna aged about 9 years and Kavya aged about 7 years, who were said to be an illegal custody of the third respondent/father. 2.It is the case of the petitioner that the 4th respondent is her uncle and the 5th respondent is her brother. The husband of the petitioner was working abroad for the past 1½ years. Since her husband was abroad, she was under the control of her father and brother. But both of them harassed her to give the money, sent by her husband. Due the continuous harassment of her father and brother, she has to go and stay in her relatives house. On 22.04.2011, his father and brother came and abused her and snatched her jewels and money and took the two minor children to their place. Since then, the whereabouts of the children are https://hcservices.ecourts.gov.in/hcservices/ 2 not known and even she was not allowed to see her children. Therefore, she gave a police complaint on 22.05.2011 before the 1st respondent. However, no action has been taken, this petition has been filed for the above relief. 3.On notice, the children, the 3rd respondent, who is the father of the petitioner, are before this Court along with the minor children Aparna and Kavya. The petitioner is also present before this court. 4.On enquiry, the minor children would say that they would go only with their grandfather/the 3rd respondent. In fact, on the insistence of the petitioner/mother, the children were allowed to talk with the petitioner/mother outside the Court for more than half an hour. On coming back, the children told as that they were willing to go only with the grandfather and not with the petitioner/their mother. In fact the children told this infront of the petitioner. 5.In view of the fact that the children, who are minors have clearly expressed their desire that they would go along with their grandfather, it is for the petitioner to work out the remedy before the appropriate forum. Though she claims to be the natural guardian and the children must be given to her, this petition before us can be considered only for the limited purpose of knowing whether the children are under illegal custody of the third respondent/grandfather. We are satisfied on enquiring the parties that the children are not under the illegal custody of the third respondent. Therefore, there is nothing further remains to be considered in this petition and the same is closed. 6.It is open to the petitioner to approach the appropriate forum for redressal. If any such petition relating to the custody of the children or the dispute in the family, the forum/the Court need not be persuaded by the observations made by this Court in this petition as the observation in this petition is only for disposal of this petition. nbj Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, All Women Police Station, Sivaganga District. 2.The Superintendent of Police, Sivagangai District, Sivagangai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to M/s.K.Elil Selvi, Advocate SR.No.19944. H.C.P.(MD)No.446 of 2011 Dated:24.06.2011 2P/5C RPB 08.07.2011 https://hcservices.ecourts.gov.in/hcservices/