1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.307 of 2011 Kasimuthu .. Petitioner Vs. 1.The State represented by The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District. 3.Shobana Sundaravalli 4.Kannan .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus directing the respondents to produce the body or person of the petitioner's son by name Siva Kishore (Minor male child, aged 12 years) in the present case before this Court and consequently hand over his custody to the petitioner. For Petitioner : Mr.R.Anand For Respondents : Mr.P.N.Pandidurai, Addl.Public Prosecutor for R1 and R2 Mr.S.Sivathilagar for R3 and R4 O R D E R (Order of the Court was made by S.RAJESWARAN, J.) This petition has been filed by the petitioner to produce his son by name Siva Kishore, a minor male boy, aged 12 years. 2.The case of the petitioner is that he has married the third respondent and were living together. But, because of the misunderstanding between him and and third respondent, they started living separately and the petitioner's son who was born on 30.05.1999, has been living with the third respondent-wife. She also filed a Divorce Petition in H.M.O.P.No.51 of 2004. However, the efforts taken by the petitioner to get united with the third respondent and his son were in vain. She has also filed a petition for maintenance in O.S.No.181 of 2001 on the file of the District Munsif, Nanguneri and a decree has also been passed in that https://hcservices.ecourts.gov.in/hcservices/ 2 proceedings. The third respondent has also filed a petition before the Magistrate Court under Section 125 of Cr.P.C. in Crl.M.P. No.5369 of 2010 for maintenance. In order to see the child and be a guardian, the petitioner has filed a Proceeding in G.W.O.P. No.203 of 2008 before the District Judge, Tirunelveli and the same is pending. However, in the mean time, the efforts taken by the petitioner to see his minor son have been thwarted by the third respondent and her relatives. Since the petitioner is the natural guardian to the minor son and in order to see his minor son, the above petition has been filed. 3.The third respondent has appeared before this Court on her own along with her minor son through counsel. The petitioner is also present before this Court. 4.The minor boy, who is aged about 12 years and going from 6th Standard to 7th Standard was interviewed by us. He has made it clear and categorical that he does not want to go with the petitioner- father. He has declined even to see him and talk to him. However, the petitioner, being his father is before this Court. In the interest of the family, we advised the parties to discuss this matter in the Chambers of the counsel so that the petitioner's father would get an opportunity of talking to his minor son. 5.The case was taken up again at 2.30 p.m. It was reported by the respective counsel that efforts taken by the petitioner-father were not fruitful as the minor boy has not shown any interest in talking to his father. 6.In view of the above fact that the minor son who is produced before this Court, is not inclined to talk to the petitioner/father, we are inclined to close this petition. Accordingly, this petition is closed. 7.It is also admitted that there are number of proceedings between the petitioner and the third respondent. It is also to be noted that G.W.O.P.No.203 of 2008 is also pending before the District Judge, Tirunelveli, regarding the custody of the minor son, filed by the petitioner herein. Therefore, the parties are advised to prosecute the same. It is made clear that the Courts below shall not be influenced by any of the observations made by this Court to decide the issue between them, and the custody of the minor boy, and the Courts may decide on merits and in accordance with law. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.S.Sivathilagar, Advocate, Sr.No.16070 H.C.P.(MD)No.307 of 2011 km SMA/9.6.2011/5C/3P 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/