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2010 Supreme(Mad) 4878
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
Dillirani
Versus
The Superintendent of Police Kanchipuram District & Others
H.C.P.No.1238 of 2010
Decided On : 10-11-2010
For the Petitioner:D. Devaraj, Advocate.
For the Respondents: Babu Muthu Meeran, Additional Public Prosecutor.
Headnote:
Custody Dispute - Children - The court held that the forum for seeking relief in a custody dispute over children is the Court of civil law, and not the forum where the petition was filed.
Fact of the Case:
The petitioner alleged that her three sons went to school but did not return. She filed a petition seeking the court's intervention as the police did not take any steps to register a case or secure the children. However, it was revealed that one child was in the petitioner's custody and the other two were with the father, leading to a custody dispute.
Finding of the Court:
The court found that the petitioner's claim for relief in the custody dispute was not appropriate for the forum where the petition was filed. It directed the petitioner to approach the Court of civil law for appropriate relief.
Issues: Custody dispute over children, appropriate forum for seeking relief
Ratio Decidendi: The court held that the appropriate forum for seeking relief in a custody dispute over children is the Court of civil law, and not the forum where the petition was filed.
Final Decision: The petition was disposed of with the observation that the petitioner should approach the Court of civil law for appropriate relief in the custody dispute.
(Order of the Court was made by M.CHOCKALINGAM, J.)
1. This petition is brought forth by one Dillirani alleging that her three sons namely Kishore, Logesh and Chandru aged 12, 10 and 8 respectively, went to the school on 21.6.2010; but, they did not return; that under the circumstances, a complaint was given to the third respondent police on the same day; but, they have not taken any steps either to register a case or to secure the children, and hence she was constrained to file this petition before this Court.
2. This day when the matter is taken up for enquiry, it is brought to the notice of the Court that actually the first child Kishore, aged 12, is in the petitioners custody, and so far as the other two children are concerned, they are actually in the custody of the father. The learned Counsel for the father appeared before the Court. According to him, both the children namely Logesh and Chandru, are with the father, and they have been in his custody, and the relationship is strained, and under the circumstances, this petition is brought forth.
3. From the above, it would be quite clear that out of the three children, one is with the petitioner, and the other two are with the husband of the petitioner. As far as the two children Logesh and Chandru are concerned, if any relief is to be sought for, this is not the forum to be approached by filing a petition like this, and if advised, the petitioner has to approach the Court of civil law for appropriate relief. With this observation, this petition is disposed of.
