1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.02.2011 CORAM: THE HONOURABLE Mrs.JUSTICE CHITRA VENKATARAMAN and THE HONOURABLE Mr.JUSTICE T.SUDANTHIRAM Habeas Corpus Petition (MD) No.19 of 2011 Parimala Singh, D/o.Late Bhagavath Singh .. Petitioner Vs. 1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District. 3.The Sub-Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District. 4.Manimaran, S/o.Chandrasekar .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus directing respondent Nos.1 to 3 to produce the body and person of the detenue Anisha, D/o.Parimala Singh, aged 6 years, from the illegal detention of the 4th respondent before this Court and hand over her custody to the petitioner. For Petitioner : Mr.G.Marimuthu, For Respondents 1 to 3: Mr.D.Isack Manuel, Addl. Public Prosecutor. For Respondent-4 : Mr.V.Kannan ORDER (Order of the Court was made by CHITRA VENKATARAMAN,J) Alleging that her daughter by name Anisha, aged 6 years, is under the illegal detention of the 4th respondent, the petitioner has filed this habeas corpus petition seeking for a direction to the respondent police to cause production of the minor detenue. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Today, in the morning, when the petition was taken up for hearing, the 4th respondent appeared before this court along with the minor detenue. Considering the matrimonial dispute between the petitioner (wife) and the 4th respondent (husband), this Court directed them to go before the Mediation and Conciliation Centre attached to this Bench for an amicable settlement. However, the attempt proved unsuccessful. 3.It is seen from the averments in the affidavit filed in support of the petition as well as the documents placed before this Court, the petitioner gave a complaint as early as on 19.03.2010 as regards the missing of her minor child, who was under her care and custody. In the month of April, 2010, the 4th respondent has filed petition before the competent civil court for the custody of the child. Evidently, the custody of the child has come to the 4th respondent only from the petitioner, the mother. 4.In the circumstances, the respondent police are directed to hand over the custody of the child to the petitioner herein. The parties are to work out their remedies before the Civil Court. 5.With the above observation, the habeas corpus petition is closed. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To: 1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District. 3.The Sub-Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.G.Marimuthu, Advocate SR.No.8657 +1cc to Mr.V.Kannan, Advocate Sr.No.8685 gb akm/28.02.11 /2p-7c/ Order in HCP(MD)No.19/2011 Dated:14.02.2011 https://hcservices.ecourts.gov.in/hcservices/