R.Francy Salmona vs Deputy Commissioner of Police

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 4607

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, V.LAKSHMINARAYANAN, JJ
R.Francy Salmona – Appellant
Versus
Deputy Commissioner of Police – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.I.Arockia Selvaraj
For the Respondents: Mr.E.Raj Thilak Additional Public Prosecutor

ORDER :

M.S.RAMESH, V.LAKSHMINARAYANAN, JJ.

Claiming that the petitioner's minor son has been illegally detained by the 4th and 5th respondent, who are the petitioner's sister in law and husband respectively, the present Habeas Corpus Petition has been filed. Earlier, the petitioner had filed similar Habeas Corpus Petitions in H.C.P.No.933 of 2023, claiming custody of her five year old minor son. Likewise, in H.C.P.No.1809 of 2023, she has sought for production of her minor daughter from the custody of her husband. In H.C.P.No.933 of 2023, certain liberties were given to the parties to approach the concerned District Court for invoking provisions of the Guardian and Wards Act, 1890. The said directions read as follows:

"6. In the light of the narrative thus far, it emerges clearly that it is a case of marital discord between petitioner and third respondent and a further case of tussle between two parents for custody of a minor child i.e. son absentee. Therefore, we make the following order:

(a) We are informed that O.P.No.89 of 2023 on the file of District Court, Chengalpet, is scheduled to be listed on 27.07.2023. We are informed that third respondent before us is the sole respondent

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