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M. SUNDAR, N. ANAND VENKATESH
S. Hajarudeen – Appellant
Versus
Superintendent of Police Chengalpet – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct 1st and 2nd respondents to produce the petitioner''s minor Children viz ''xxx'', son of Hajarudeen aged about 3 years and ''yyy'', son of Hajarudeen, aged about 11 months from the custody of the third respondent before this Court and handover them to the petitioner.)
M. Sundar, J.,
1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed on 13.03.2023 (to be noted, 13.03.2023 according to the coding sheet and 14.03.2023 if one goes by the High Court seal) regarding two children (to be noted, one child and one infant) of the petitioner ''xxx'' and ''yyy'' (we are masking the names and we shall be referring to these two child and infant collectively as ''absentees'') and with regard to individual references, we shall refer to them as ''child absentee'' and ''infant absentee'' for the sake of convenience.
2. Mr.S.Parthasarathi, learned counsel on record for the petitioner, who is before us, submits that petitioner''s wife died on 17.06.2022, at the time when the petitioner''s wife was undergoing treatment in the hospital
The court's decision emphasized the importance of resolving the dispute over guardianship and visitation rights through the appropriate legal channels.
The main legal point established in the judgment is the court's authority to dispose of a Habeas Corpus Petition after the subject of the petition is located and brought before the court, and adequat....
The main legal point established is that the absence of illegal detention or custody is crucial in determining the applicability of a Habeas Corpus Petition.
The absence of illegal detention is crucial in determining the necessity of a Habeas Corpus legal drill under Article 226 of the Constitution of India.
Preservation of rights of all concerned parties in a missing person case
The legal principle established is that the court will consider the age and marital status of the individual in habeas corpus cases to determine the presence of illegal detention or unlawful custody.
A Habeas Corpus petition regarding a missing spouse and children is maintainable for discovery and safety, but the Court's jurisdiction is limited to locating them and does not extend to adjudicating....
The court's decision was based on the principle that in cases of habeas corpus, the determination of illegal detention or custody is crucial, and in this case, the missing daughter's marriage and wil....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
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