1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION(MD).No.1179 of 2011 Antonyammal : Petitioner Vs. 1.The Inspector of Police, Mimisal, Avudiyar Koil Taluk, Pudukkottai District. 2.A.Arulanandhu 3.Ranjitha Mary 4.Adaikalraj : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the first respondent to produce the minor son of the petitioner, namely, David Jacson, aged five years before this Court and hand over the custody to the petitioner. For Petitioner : Mr.N.Sundareshan For Respondent 1 : Mr.A.Ramar Additional Public Prosecutor O R D E R [Order of the Court was made by S.NAGAMUTHU, J] The petitioner is the wife of the fourth respondent herein. They have got a child, aged five years, known as "David Jacson". The custody of the said child, according to the petitioner, has been handed over to the respondents 2 and 3 by the fourth respondent. The respondents 2 and 3 are the parents of the fourth respondent. Now, according to the petitioner, the child is, thus, in the illegal custody of the respondents 2 and 3. With the above allegation, the petitioner has come up with this Habeas Corpus Petition seeking a direction to the first respondent to secure the child and to entrust the custody of the child to the petitioner. 2. Mr.A.Ramar, the learned Additional Public Prosecutor, has taken notice for the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In our considered view, it appears to be a matrimonial dispute between the petitioner and the fourth respondent. The fourth respondent, even according to the averments made in the affidavit filed in support of the petition, has handed over the custody of the child to his parents. In such a situation, the remedy for the petitioner is to work out her remedy before the appropriate Civil Court. Since we do not find any material to come to the conclusion that the child is detained illegally by anybody, we are not inclined to entertain this Habeas Corpus Petition. 4. In the result, this Habeas Corpus Petition fails and the same is, accordingly, dismissed with liberty to the petitioner to work out her remedy before the appropriate Civil Court forum. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Mimisal, Avudiyar Koil Taluk, Pudukkottai District. 2.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Nb ssk/09.01.2012 /3c -2p/- ORDER MADE IN HABEAS CORPUS PETITION(MD).No.1179 of 2011 21.12.2011 https://hcservices.ecourts.gov.in/hcservices/