1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION(MD).No.980 of 2011 J.Goldstar Jansi Rani : Petitioner Vs. 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, All Women Police Station, Tallakulam, Madurai District. 3.T.Jeyasingh 4.J.Vimala : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to direct the respondents 1 and 2 to produce the body and person of the petitioner's minor children (1) J.Daniel. S/o.Joseph, aged 16 years and (2) J.Nicelin D/o.Joseph aged 11 years before this Court illegally detained by the respondents 3 and 4 and handover the custody to the petitioner. For Petitioner : Mr.S.Mahendrapathy For Respondents : Mr.A.Ramar Additional Public Prosecutor O R D E R *********** [Order of the Court was made by M.JAICHANDREN J.] This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the respondents 1 and 2 to produce the petitioner's minor children, namely, J.Daniel, aged 16 years and J.Nicelin, aged 11 years, before this Court and to hand over custody of the children to the petitioner. 2.It has been stated that the third and fourth respondents, who are the maternal grand parents of the minor children, are forcibly detaining the children in their custody. Therefore, the petitioner has lodged a complaint before the second respondent. Even though a receipt, in CSR No.489 of 2011 had been issued, no effective steps had been taken by the second respondent to trace the missing children and to hand over their custody to the petitioner. 3.A counter affidavit has been filed on behalf of the third and the fourth respondents stating that the minor children had been treated https://hcservices.ecourts.gov.in/hcservices/ 2 badly by the petitioner and her husband, namely, Joseph. Both the petitioner and her husband were ill treating the children and they had been quarrelling with each other. It has also been stated that the husband of the petitioner has been having illicit intimacy with certain other woman. It has also been stated that the minor children had been sent out of their house during night hours. As they had no other place to go to, the third and the fourth respondents had taken them into their custody and care. 4.At the time of hearing of the Habeas Corpus Petition, the learned counsel appearing on behalf of the third and the fourth respondents had placed before this Court an exparte order, dated 30.11.2011, made in G.W.O.P.No.197 of 2011, by the I Additional District Court, Tirunelveli. In the said order, dated 30.11.2011, the custody of the minor children had been given to the third and the fourth respondents. 5.In such circumstances, this Court is of the view that the Habeas Corpus Petition deserves to be dismissed and accordingly, the same is dismissed. However, it is made clear that it will be open to the petitioner, to work out her remedy, before appropriate forum, in the manner known to law. sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1. The Commissioner of Police, Madurai City, Madurai. 2. The Inspector of Police, All Women Police Station, Tallakulam, Madurai District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER MADE IN HABEAS CORPUS PETITION(MD).No.980 of 2011 15.12.2011 RR RJ/3.1.12 2p/4c https://hcservices.ecourts.gov.in/hcservices/