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S. M. SUBRAMANIAM, V. SIVAGNANAM
Devika – Appellant
Versus
Commissioner of Police, Greater Chennai, Vepery – Respondent
ORDER :
(S.M. Subramaniam, J.) :
(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the first and second respondents herein to secure the petitioner's minor child namely Santosh Theo (aged 4 years) from the illegal custody of the third to fifth respondents and produce before this Court and hand over the custody of the petitioner.)
The habeas corpus petition has been filed to direct the respondents 1 and 2 to secure the petitioner's minor child namely Santosh Theo, aged 4 years from the illegal custody of the respondents 3 to 5.
2. Mr.E.Raj Thilak, the learned Additional Public Prosecutor would submit that the child is not in an illegal custody and the child is living with his father. Further, it is informed that the matrimonial dispute between the petitioner and her husband exist.
3. The father viz., Mr.Srinath Kumar along with his child present before this Court. Since the child viz., Santosh Theo is with his father viz., Mr.Srinath Kumar, the parties are at liberty to resolve the matrimonial dispute before the appropriate forum. Consequently, the habeas corpus petition stands dismissed.
Habeas corpus is not an appropriate remedy for custody disputes involving a parent where the child is not in illegal custody.
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.
A minor who is capable of understanding her circumstances has the right to make decisions regarding her custody, and such decisions should be respected unless there is clear evidence of illegal deten....
The extraordinary remedy of a prerogative writ of Habeas Corpus can be availed in exceptional cases where the ordinary remedy provided by the law is either unavailable or ineffective, and the welfare....
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