1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.270 of 2011 Neelakandan .. Petitioner Vs. 1.The Inspector of Police, Peravurani, Thanjavur District. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.Narayanasamy @ Chinnathambi .. Respondents Petition filed under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpus to direct the respondents 1 and 2 to produce the body of the petitioner's wife namely Parimala, W/O.Neelakandan, aged 32 years, and his minor daughter namely Kasthuri, D/o.Neelakandan, aged 11 years, now detained by the 3rd respondent before this court and set them at liberty. For Petitioner : Mr.Ramanathan for Mr.A.Arun Prasad For Respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 and R2 O R D E R (Order of the Court was made by S.RAJESWARAN, J.) The petitioner-Neelakandan has filed this Habeas Corpus Petition to trace his wife by name Parimala aged about 32 years and his daughter by name Kasthuri aged about 11 years, said to have been missing from 18.03.2011. Since the complaint given to the police has not been looked into, the above HCP has been filed. 2.Today the respondent-police produced the detenue/the petitioner's wife-Parimala aged about 32 years, along with her minor daughter Kasturi aged about 11 years. The petitioner is also present along with his minor son. After interacting with them, we could understand that there are serious matrimonial differences between the petitioner and the detenue-his wife Parimala and the petitioner does not want to live with her at all. Though the petitioner has filed this HCP to secure his wife and his daughter, he is not interested in taking her when his wife is produced before the Court. He has his own https://hcservices.ecourts.gov.in/hcservices/ 2 complaints against her and excepting stating that he would like to have his minor daughter Kasthuri alone, he is not at all interested in living with the detenue/his wife. The fact remains that the minor girl-Kasturi is with his wife-Parimala/the detenue and the minor son- Karan is with the petitioner-father. 3.The detenue is present with her father. The children have expressed their desire to be with the respective parent and it is not advisable to separate them from the respective parent. Therefore, while allowing the minor son to be with the petitioner, we allow the minor daughter to be with the petitioner's wife /the detenue. Separating them from the respective parent will certainly affect their interest and welfare. The minor children have also agreed to this arrangement. 4.With regard to their matrimonial differences, it is open to the petitioner and the detenue to approach the appropriate forum for appropriate relief. However, as the wife is not having any independent income of her own, and as she has expressed her difficulty in maintaining her daughter, this Court deems fit to direct the petitioner to meet the school expenses of his minor daughter, who will continue to stay with his wife. 5.Therefore, in view of the fact that the minor daughter is going to be with the mother, the petitioner herein shall pay the school fees regularly as and when it is payable to the school. The details of payment may be informed to the petitioner to enable him to pay the fees. 6.This arrangement of payment of school fees to the minor daughter shall continue until the parties get appropriate orders from the appropriate Court regarding custody of the children. 7.The detenue/wife of the petitioner is directed to send her minor daughter to see the father/petitioner herein in the week-ends if minor girl prefers and on such occasions, the petitioner should take care of the minor girl well and send her back to the mother without any problem. 8.This HCP is closed in the above terms. Sd/- Deputy Registrar9LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Inspector of Police, Peravurani, Thanjavur District. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD)No.270 of 2011 13.06.2011 Km SMA/27.6.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/