1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2011 CORAM THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition (MD) No.597 of 2011 G.Eban Gnanaprabhu ..Petitioner Vs. 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Kalakkadu Police Station, Tirunelveli District. 3.E.Amutha Priya, W/o.Eban Gnanaprabhu .. Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the body or person of the detenu, namely Minor E.Tennis, S/o.G.Eban Gnanaprabhu, aged about 12 years, before this Court and hand over his custody to the petitioner. For Petitioner :Mr.D.Venkatesh For Respondents :Mr.C.Ramesh, 1 & 2 Addl.Public Prosecutor. For Respondent-3 :Mr.A.P.Muthu Pandian O R D E R (Order of the Court was made by P.P.S.JANARTHANA RAJA,J) The petitioner is the father of the minor detenu by name E.Tennis, aged about 12 years. The 3rd respondent is the wife of the petitioner. It is stated by the petitioner that he got married with the 3rd respondent on 20.02.1995 as per Christian rites and out of the said wedlock the detenu E.Tennis (now aged 12 years) and one female child by name E.Staybril (now aged 11 years) were born to them. According to the petitioner, due to some quarrel, his wife, the 3rd respondent, is living separately at Chennai along with their daughter. The petitioner has further stated that his son, the detenu E.Tennis, was with him at Tiruenlveli and while so, on 07.07.2011 the 3rd respondent has taken away the detenu from his lawful custody and kept him under illegal custody. Since all efforts made by him to trace out his son were went in vain, he made https://hcservices.ecourts.gov.in/hcservices/ 2 complaints to the respondents 1 and 2. It is the grievance of the petitioner that inspite of repeated reminders, there is no response from respondents 1 and 3. Therefore, the petitioner has filed the present habeas corpus petition. 2.The matter is posted today. The detenu E.Tennis was produced before this Court by the 3rd respondent. He is 12 years old. We interacted with him. He categorically stated that he is staying with his mother at Chennai and studying 7th standard and he is comfortable with his mother. 3.After taking into consideration all the facts and circumstances of the case and considering the statement of the detenu, we are of the view that the detenu is not under the illegal custody of anybody, much less the 3rd respondent. The 3rd respondent herein is the mother of the detenu and the detenu is under her care. It is also noted that the girl child, who is aged about 11 years, is also with the mother. Further, it is pertinent to point out that there is misunderstanding between the petitioner and the 3rd respondent, who are the husband and the wife and they are living separately. It is for the petitioner to approach the appropriate Court for appropriate remedy and he is always at liberty to avail such remedy, in accordance with law. 4.In view of the above, the habeas corpus petition is closed as nothing further remains to be adjudicated. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To: 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Kalakkadu Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order in HCP(MD)No.597/2011 Dated:27.09.2011 gb SMA/12.10.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/