1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2010 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MS.JUSTICE K.B.K.VASUKI H.C.P(MD)No.273 of 2011 K.P.Marimuthu .. Petitioner vs. 1.The Commissioner of Police, Madurai Town, Madurai. 2.The Inspector of Police, Tallakulam Police Station, Tallakulam,Madurai. 3.Subramani @ Mani 4.Gunapriya 5.S.Duraipandi .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to direct the respondents to find and produced the bodies and persons of petitioner two children namely, 1. Kesavarajan and Keerthavaselvan, aged about 7 years and 3 years respectively, before this Hon'ble Court and handover the custody to the petitioner. For petitioner : Mr.V.Baskaran For respondents 1 & 2 : Mr.P.N.Pandidurai Additional Public Prosecutor O R D E R (Order of the Court was made by S.RAJESWARAN,J) This petition has been filed by the father to trace his two minor children who are aged about 7 years and 3 years. According to the petitioner, his two minor children have been taken away by his wife after a quarrel with him. She is said to have gone to her parent's house and not returned. Thereafter, the petitioner gave a complaint against her on 06.08.2010 at Sellur Police Station. On enquiry by the police, his wife Gunapriya refused to live with him and she went along with her father. After that, the petitioner has filed H.M.O.P.No.547 of 2010 for divorce and the same is pending. Then, his father-in-law has also given a complaint about the missing of his daughter. Since, the minor children of the petitioner are missing, the above Habeas Corpus Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2 2. We have heard the learned counsel appearing for the petitioner and also perused the affidavit filed in support of the petition. 3. Admittedly, the two minor children of the petitioner have gone along with their mother/wife of the petitioner herein due to some misunderstanding between the petitioner and his wife. It is also admitted that H.M.O.P.No.547 of 2010 has been filed before the Family Court, Madurai by the petitioner/ husband and the same is pending. When that being so, the custody of the children in the hands of the mother/wife of the petitioner can never be termed as illegal custody. Therefore, we are not inclined to entertain this Habeas Corpus Petition. 4. Hence, this Habeas Corpus Petition is dismissed. However, liberty is given to the petitioner to approach appropriate forum for custody of his children, if he is so advised. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai Town, Madurai. 2.The Inspector of Police, Tallakulam Police Station, Tallakulam, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P(MD)No.273 of 2011 sj SMA/18.4.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/