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2022 Supreme(Online)(MAD) 34391

HIGH COURT OF MADRAS
Hon`ble Mr Justice S. VAIDYANATHAN
VIJAYAKUMAR – Appellant
Versus
THE SUPERINTENDENT OF POLICE – Respondent


ORDER

S.VAIDYANATHAN, J., and A.D.JAGADISH CHANDIRA, J., This habeas corpus petition has been filed to direct the second respondent to produce the petitioner's minor child Kavipriyan, aged 4 years, from the custody of third respondent herein and handover the child to the petitioner.

2. The case of the petitioner is he married the daughter of third respondent one Priyanka on 10.03.2016 and out of wedlock a male child was born. It is stated by the petitioner that his wife had died on 24.04.2018 due to illness. He further stated that he recently came from abroad. The third respondent herein is none other than the mother-in-law of the petitioner. It is contended by the learned counsel for the petitioner that since his wife had passed away, before going abroad, he had left his child with the third respondent with a hope that the child will be returned to him. Unfortunately, the child is retained by the third respondent and she is refusing to hand over the child to the petitioner. Hence, the petitioner filed the present habeas corpus petition.

3. A reading of the pleading would make it very clear that the child was in custody of the third respondent from the age of 10 months and brought up

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