Father neither disqualified nor unfit to be natural guardian.

Swamidurai, J.

Ulaganathan, petitioner herein has filed this writ petition for habeas corpus for a direction to the respondents 1 to 4 to produce his minor daughter Sunitha alias Obulaxmi and for setting her at liberty in the custody of the petitioner. The first respondent is the father-in-law and the second respondent is the mother-in-law of the petitioner. The petitioner married Uma Maheswari on 6. 1984 and a female child was born on 112. 1986 and the minor child Miss.Sunitha is now aged about six years. The minor daughter is studying in Mettur St.Marys Montessori School at Mettur Dam from 25. 1990 and she was in the school till 5. 1992. The petitioner has stated that his family is one of the richest families in Salem District carrying on business. The petitioner was living with his wife happily. The petitioner’s parents are having two sons including himself and the petitioner is the eldest son. His wife being the only daughter-in-law of his parents, was treated with great love and affection by the entire family. The petitioner and his wife decided to educate their daughter in a good convent at Ooty. As per the wishes of the respondents 1 and 2, the petitioner’s wife opted for a separate family and accordingly, the petitioner and his wife lived in a separate house at Mettur Dam. The petitioner’s wife used to visit the place of her parents frequently. The marriage of his younger brother was also fixed and the petitioner and his wife were actually engaged in the distribution of the wedding cards.

2.. On 4. 1992 when the petitioner’s wife was in the kitchen, her sari caught fire accidentally and on hearing her alarm, the petitioner rushed to rescue her and in that process, the petitioner also suffered 30% burns and his wife suffered 75% burns. In spite of best efforts, his wife could not recover and she succumbed to injuries at Kovai Medical Centre Hospital at Coimbatore or 24. 1992. In her dying declaration, the petitioner’s wife has confirmed that she suffered injuries purely by accident. The petitioner’s father-in-law, i.e., the first respondent herein by his letter dated 24. 1992 addressed to the Sub Inspector of Police, Mettur Dam, has stated that he has no doubt about the incident and he confirmed that the incident took place only by accident. While the petitioner and his wife were undergoing treatment at Kovai Hospital, their minor daughter was in the care and custody of the parents of the petitioner at Mettur Dam. In the month of May, 1992, the respondents 1 and 2 have taken away his minor daughter without his consent and knowledge and after some search for two days, the minor daughter was found in the hands of respondents 1 and 2. It is learnt that the respondents 1 and 2 came in two cars along with some rowdy elements and took away the minor daughter. In spite of mediation to secure the custody of the minor daughter, the respondents 1 and 2 have not conceded to hand over the minor child. Senior citizens of Salem town like R.Kandaswamy Gounder, Tirumalai Chettiar and R.Thiyagarajan, etc. participated in the mediation; but of no avail. The respondents 1 and 2 have threatened the petitioner with deadly weapons with the support of the rowdy elements.

.3. The petitioner has stated he has lodged a complaint with the Inspector of Police, Sevapet Police Station on 210. 92 about the Kidnapping and unlawful custody of his child by the respondents 1 and 2 and he sought for restoration of his child to his custody. The 4th respondent, the Inspector of Police, Sevapet Police Station, Salem registered a case in Crl.No. 566 of 1992 under Secs.147, 148, 506(ii) and 363, I.P.C. and searched for the whereabouts of the minor. The respondents 1 and 2 have kept his daughter at some unknown place and even pretended of their innocence about the whereabouts of the child. He sought for the help of the third respondent, the Superintendent of Police, Salem, and the respondents 3 and 4 could not trace the minor. The petitioner apprehe