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2005 Supreme(Mad) 1027

M.KARPAGAVINAYAGAM, C.NAGAPPAN
G. Eva Mary Elezabath – Appellant
Versus
Jayaraj & Others – Respondent


Advocates Appeared:For The Petitioner:T.S.Sivagnanam. For The Respondents: R1, S.N.Amarnath, R2, R3, E.Raja, Addl.Public Prosecutor.

Judgment :-

M.Karpagavinayagam,J.

G.Eva Mary Elezabath has filed this Habeas Corpus Petition, seeking for a direction, directing the respondents to produce the minor male child Samuel Rily Macon before this Court and pass suitable orders for custody.

2. According to the petitioner, she and her family members are members of the Church of Christ situated at Kottur, Chennai. Jayaraj, first respondent herein, was also a member of the Church. The first respondent and his wife Tmt.Mallika used to visit the Church frequently. The first respondent's wife Mallika delivered a male child on 10.08.2002. The said Mallika committed suicide on 17.09.2002; thereupon, Jayaraj, father of the child, abandoned the one month old male baby in the Church premises and left the place. Thereafter, one Vasanthi took care of the child for about 15 days. However, she handed over the child back to the Church, since she was not able to maintain the child. Then, Pastor of the Church handed over the child to the petitioner on 16.10.2002 to take care of the child. Accordingly, she and all her family members took care of the child. The child was admitted in Happy Home Nursery School at Kottur. For two-and-a-half years


















































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