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N. SENTHILKUMAR, S. M. SUBRAMANIAM
K. M. Sathya – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first and second respondents herein to produce the petitioner's minor child namely S. Thamizhini, aged about 6 years, from illegal custody of the third respondent and produce before this Court forthwith and handover the custody to the petitioner and pass such further orders.
1. The habeas corpus petition has been instituted to direct the first and second respondents herein to produce the petitioner's minor child namely S. Thamizhini, aged about 6 years, from illegal custody of the third respondent.
2. Mr. E. Raj Thilak, the learned Additional Public Prosecutor would submit that the minor girl is not in an illegal custody. After the death of the mother of the minor child, she is now brought up by the maternal grandparents.
3. That being the fact, the custody cannot be termed as illegal detention. If at all any dispute exist between the parties they are at liberty to approach the competent Court of law for the purpose of resolving the issues.
4. Accordingly, the habeas corpus petition stands dismissed.
Custody of a minor child by relatives after a parent's death does not constitute illegal detention, and custody disputes should be addressed through appropriate legal proceedings.
Habeas corpus is not an appropriate remedy for custody disputes involving a parent where the child is not in illegal custody.
Widow mother is natural guardian of her minor child.
Custody of minor children - Natural guardian - Private respondent is none other than biological mother of minor children - It may be presumed that custody of children with their mother is not unlawfu....
Point of Law : It is only in exceptional cases, the rights of the parties to the custody of the minor will be determined in exercise of extraordinary jurisdiction on a petition for habeas corpus.
Point of law: Custody of child - child was forcibly taken away by the father from the custody of the mother. - Writ of habeas corpus, as has been consistently held, though a writ of right is not to b....
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