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S. M. SUBRAMANIAM, N. SENTHILKUMAR
Sasikala – Appellant
Versus
Commissioner of Police, Chennai – Respondent
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
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....
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