A Writ of Habeas Corpus cannot be pursued where the alleged detenue is not under detention, especially amidst ongoing custody disputes.

Devan Ramachandran, J.

The petitioner alleges that her grandson of 5 years is being detained by the 7^th respondent – his mother, illegally and unlawfully.

2. As per the case of the petitioner - who is the paternal grandmother of the child (hereinafter referred to as the “alleged detenue”), the 7^th respondent is suffering from certain psychological issues - which she tries to establish through Ext.P1; then contending that the continued custody which she illegally asserts over the “alleged detenue” is illegal and unlawful.

3. The 7^th respondent was present before us today personally, along with the child; and we allowed the latter to be with the petitioner for some time.

4. We considered this matter after nearly an hour and a half later; and the learned counsel for the parties conceded that the child spent time with his grandmother, though he showed reluctance initially. We are told that the 7^th respondent also facilitated the interaction between the petitioner and the “alleged detenue”.

5. When we are called upon to consider a plea of writ of Habeas Corpus, we are only enjoined to decide whether the “alleged detenue” is under detention.

6. In this case, the “alleged detenue” - the child, is with his mother; and admittedly, there is strife between the parents for his custody. Such disputes cannot be allowed to transmute into a Writ Petition seeking a writ of Habeas Corpus, particularly when we see that they have already initiated judicial proceedings against each other - as manifest from Ext.P4 order of the Jurisdictional Chief Judicial Magistrate, under the provisions of the Domestic Violence Act, obtained by the 7^th respondent against the son of the petitioner.

7. That said, the petitioner explains that she has been constrained to approach this Court without her son because the latter is abroad. In our view, this would be of little consequence;

when we notice that the child is not under detention.

In the afore circumstances, this Writ Petition is dismissed.

Sd/-