Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, N. SENTHILKUMAR, JJ.
Sasikala – Petitioner
Versus
The Commissioner of Police, Chennai – Respondent
H.C.P. No. 1934 of 2024
Decided On : 29-08-2024
HABEAS CORPUS - CUSTODY OF MINOR - The court addressed a habeas corpus petition concerning the custody of a 17-year-old girl, Sowmiya, who was living with her relatives. The court interpreted the legal provisions surrounding the custody of minors, emphasizing the minor's ability to make informed decisions regarding her living situation. The court concluded that Sowmiya was not under illegal detention and dismissed the petition, allowing her to continue her education without interference.
Fact of the Case:
The petitioner, the mother of 17-year-old Sowmiya, sought a writ of habeas corpus to retrieve her daughter from the custody of the 3rd and 4th respondents, relatives of the petitioner. Sowmiya had been living with them for about a year, and the petitioner had allowed this arrangement after her remarriage.
Finding of the Court:
The court found that Sowmiya, being 17 years old and capable of understanding her circumstances, expressed a desire to remain with the respondents. The court determined that she was not under illegal detention and that her living situation did not warrant intervention.
Issues: Whether the custody of the minor, Sowmiya, with the 3rd and 4th respondents constituted illegal detention under the law.
Ratio Decidendi: The court held that a minor of 17 years, capable of making informed decisions, has the right to choose her living arrangements. The court emphasized that the petitioner's consent and the minor's expressed wishes were significant in determining the legality of the custody.
Result: The habeas corpus petition was dismissed, allowing Sowmiya to continue living with the 3rd and 4th respondents.
ORDER :
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondents to secure the petitioner's minor daughter namely Sowmiya (aged 17 years) from the illegal custody of 3rd and 4th respondents and produce her before this Court and handover the custody of her to the petitioner.
1. The relief sought for in the present habeas corpus petition is to direct the 1st and 2nd respondents to secure the petitioner's minor daughter namely Sowmiya (aged 17 years) from the illegal custody of the 3rd and 4th respondents.
2. The detenue viz. Sowmiya is aged about 17 years and studying B.Sc Course in a College at Chennai. The petitioner is the mother of the detenue voluntarily allowed the detenue to stay along with the respondents 3 and 4, who is none other than the brother of the petitioner's father. It is brought to the notice of the Court that the petitioner got remarried after the death of the father of the detenue and she is now living along with her second husband. Under those circumstances, the petitioner allowed the detenue to stay along with the family members of the respondents 3 and 4 and they are taking care of the detenue.
3. The learned Additional Public Prosecutor would submit that the 1st husband of the petitioner whether died or alive is not made clear. However his whereabouts are not known.
4. The fact remains that the detenue is living along with the family of the respondents 3 and 4 for the past about one year and the detenue, who is studying in a College deposed before this Court that she is willing to stay along with the family of the respondents 3 and 4.
5. When the detenue aged about 17 years and studying in a College at Chennai is capable of understanding what is good and bad for her life. When she is capable of taking a decision, we are not inclined to disturb her normal life and to pursue her education. At the outset, the detenue is not under illegal detention and if any other dispute exists, it is for the parties to resolve the same in the manner known to law.
6. 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.
The legal principle established is that in cases of Habeas Corpus, the court will consider the free will of the individual, especially if they are of legal age, in determining the presence of illegal....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
