T. Jayaraman Chouta, J.

Petitioner, Veerapandian, father of the detenu Vinodha, has filed this petition to issue a writ of heabeas corpus directing the first Respondent - Smt. Kalaiselvi to produce the detenu Vinodha, a girl aged about seven years before this Court and set her at liberty and pass further or other orders as this Court deem fit and proper.

.2. In support of the said petition, the petitioner has sworn to an affidavit, in which he has stated that he is an Assistant Inspector in Internal Audit Department at Vellore and the first respondent is his wife having married her according to Hindu rites and customs on 5. 1987, that of the said wedlock three children were born, the first child by name Vinodha is aged seven years and the other two children are twins and aged about eight months. He has filed this petition seeking custody of his daughter Vinodha. He has further stated that he is a post graduate in Arts and graduate in Bachelor of Education and was a very affectionate husband, but unfortunately his wife, at the instance of her parents started ill treating him since 1994 and when he was in Vellore, there was sudden appearance of gangrin in both of his legs and since the said disease aggravated both his legs were amputated below knee, he was taken to Madras and admitted as inpatient at Malar Hospital. During his stay at the said hospital, his wife did not attend on him and she and her parents expected his natural death. His wife took away all his properties and house hold untensils and left for her native place without his consent and knowledge, abandoning her obligation as a Hindu wife, by leaving him in lurch and but for the tizely help of his parents, his life would have been ended.

3. The affidavit further reads that by her conduct of abandoning the petitioner in the hospital during the critical hours of his life, first respondent conducted hereself as unbecoming of a Hindu wife, by taking away all his properties from his house and refusing to show his children to him, she had inflicted mental cruelty on him. He claimed that he is the natural grardian being the father of his daughter — V.Vinodha and two other children and hence he is entitled for the custody of his daughter Vinodha. Even though he is entitled for the custody of other two children, due to their tender age, he is not seeking custody at present, reserving his right to seek custody after some time. He has submitted that the detention of his daughter Vinodha in the hands of first respondent is illegal and violative of Article 21 of the Constitution of India. On these grounds, he has sough for the above relief.

.4. After receipt of notice from this Court, the first respondent - Smt. Kalaiselvi, filed a counter affidavit denying all the allegations made against her except those that are specifically admitted by her. According to her, the marriage was performed as Suyamariyathai marriage and she admitted the birth of three children of the said wedlock. She has denied the fact of ill treatment of her husband under the influence of her parents. When the petitioner developed sudden nervous trouble in both the legs and hands in Juanuary 1993 at Tiruppattur, he has been taken away by his father and other family members by driving her out of the house along with the child Vinodha at Thavutupalayam. Even though she abtempted to bring her husband back for treatment, every time her parents-in-law refused to send him, but finally she was successful in getting treatment to him in June, 1993 by consulting a Neurologist at Madras and he became alright and started attending office at Vellore. When she delivered other two twin children, again the petitioner developed gangrine in both the legs and he was taken by her brother to Government General Hospital, Madras and there he was recovering. Then the parents of the petitioner came to Madras and forcibly took him away ignoring all the medical advice and without her knowledge, both of his legs were ampu