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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. SIVAGNANAM, JJ.
Devika - Petitioner
Versus
The Commissioner of Police, Greater Chennai, Vepery and Ors. - Respondents
H.C.P.No.1978 of 2024
Decided On : 13-08-2024
HABEAS CORPUS - CUSTODY OF MINOR - The court addressed a habeas corpus petition concerning the custody of a minor child, Santosh Theo, aged 4 years. The court interpreted the legal provisions surrounding custody disputes, emphasizing that the child's current living situation with the father was not deemed illegal. The court concluded that the matter of custody should be resolved through appropriate matrimonial proceedings rather than through habeas corpus, leading to the dismissal of the petition.
Fact of the Case:
The petitioner filed a habeas corpus petition seeking the return of her minor child, Santosh Theo, from the alleged illegal custody of the child's father and others. The petitioner claimed that the child was unlawfully held by the respondents.
Finding of the Court:
The court found that the child was not in illegal custody, as he was living with his father, Mr. Srinath Kumar, who was present in court. The court noted the existence of a matrimonial dispute between the petitioner and her husband.
Issues: Whether the custody of the minor child was illegal and if the habeas corpus petition should be granted to secure the child's return to the petitioner.
Ratio Decidendi: The court held that the habeas corpus remedy is not applicable in custody disputes where the child is with a parent, and such matters should be resolved through appropriate matrimonial forums.
Result: The habeas corpus petition was dismissed, allowing the parties to resolve their matrimonial dispute in the appropriate legal forum.
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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