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M. S. RAMESH, SUNDER MOHAN
Dharani – Appellant
Versus
State – Respondent
ORDER :
(Order of the Court was made by M.S.RAMESH, J.)
PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the respondents to produce the body of the petitioner's minor daughter Navambikaa, aged about 5½ years, before this Court and hand over to the petitioner forthwith.
Heard Mr.Abudu Kumar Rajarathinam, learned senior counsel, appearing for the petitioner, Mr.A.Gokulakrishnan, learned Additional Public Prosecutor, appearing for the respondents 1, 2 and 5 and Mr.S.Prabakaran, learned senior counsel, appearing for the 3rd and 4th respondents.
2. The petitioner herein is the mother of a 5½ years old minor girl child, born through her husband K.Subramani. While the 3rd respondent herein is the elder sister of the petitioner, who ordinarily resides at Singapore, the 4th respondent is her mother, who resides at Mannargudi, Tamil Nadu.
3. When the petitioner got an employment at Chennai and was not able to locate a residential accommodation in time and also since both herself and her husband were employed, she had temporarily left her minor daughter in the custody of her mother/4th respondent herein on 14.10.2023 at
The court established that custody decisions must prioritize the child's welfare and that unfounded allegations should not impede a parent's rights.
The court ruled that allegations under the POCSO Act were used by a parent to manipulate judicial proceedings, emphasizing the protective role of the law against abuse in custody disputes.
The welfare of the child is of paramount consideration in child custody disputes, and decisions should be made based on the best interests of the child.
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
With the passage of time, it has been realized that people used to feel proud to tell the truth in the courts, irrespective of the consequences, but that practice no longer proves true, in all cases.
Custody of child – No hard and fast rule can be laid down insofar as maintainability of a habeas corpus petition in matters of custody of a minor child is concerned – As to whether writ court should ....
Charges under POCSO can be framed without new allegations if based on existing evidence, emphasizing the seriousness of claims made against the accused.
The specific and consistent nature of the allegations of sexual abuse warranted a trial and did not merit interference under Section 482 of Cr.P.C. or Article 226 of the Constitution. The presumption....
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