IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10-11-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.1238 of 2010 Dillirani .. Petitioner vs 1.The Superintendent of Police Kanchipuram District 2.Deputy Superintendent of Police Thirukkazhukunram 3.Inspector of Police Maamallapuram Police Station Maamallapuram .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the third respondent to produce the body of the three sons of the petitioner (1) Kishore, aged 12 years; (2) Logesh aged 10 years and (3) Chandru aged 8 years, sons of Kalaivanan before this Court and set them at liberty. For Petitioner : Mr.D.Devaraj For Respondents : Mr.Babu Muthu Meeran Additional Public Prosecutor ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) This petition is brought forth by one Dillirani alleging that her three sons namely Kishore, Logesh and Chandru aged 12, 10 and 8 respectively, went to the school on 21.6.2010; but, they did not return; that under the circumstances, a complaint was given to the third respondent police on the same day; but, they have not taken any steps either to register a case or to secure the children, and hence she was constrained to file this petition before this Court. 2.This day when the matter is taken up for enquiry, it is brought to the notice of the Court that actually the first child Kishore, aged 12, is in the petitioner's custody, and so far as the other two children are concerned, they are actually in the custody of the father. The learned Counsel for the father appeared before the Court. According to him, both the children namely Logesh and Chandru, are with the father, and they have been in his custody, and the relationship is strained, and under the circumstances, this petition is brought forth. 3.From the above, it would be quite clear that out of the three children, one is with the petitioner, and the other two are with the husband of the petitioner. As far as the two children Logesh and Chandru are concerned, if any relief is to be sought for, this is not the forum to be approached by filing a petition like this, and if advised, the petitioner has to approach the Court of civil law for appropriate relief. With this observation, this petition is disposed of. (M.C.,J.) (C.S.K.,J.) 10-11-2010 Index: yes Internet: yes nsv To: 1.The Superintendent of Police Kanchipuram District 2.Deputy Superintendent of Police Thirukkazhukunram 3.Inspector of Police Maamallapuram Police Station Maamallapuram 4.The Public Prosecutor High Court, Madras. M.CHOCKALINGAM, J. AND C.S.KARNAN, J. nsv HCP No.1238 of 2010 Dt: 10-11-2010