ORDER

DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN, J.

This petition has been filed by one Micheal Raj, alleging that his wife along with his minor son, aged 11 years, gone missing from 14.10.2022 from the last known place of residence at Thoothukudi. Alleging that his wife has developed extramarital intimacy with one Rajavel and had eloped along with her minor son, sought for intervention of this Court to secure his wife and minor son, since his complaint before the second respondent registered in Crime No.133/2022 dated 26.10.2022 for 'woman missing' and 'boy missing' has not yielded any result.

2.This Court on 12.12.2022 cast notice to the learned Additional Public Prosecutor and posted the matter to be heard on 19.12.2022.

3.Today the learned Additional Public Prosecutor mentioned before this Court that wife and minor son of the petitioner, who were staying at Kappalur, Thirumangalam Taluk, Madurai District, been secured and he will shortly produce them before this Court.

4. Accordingly, the matter has been taken up out of turn and heard in the presence of the learned counsel for the petitioner as well as the petitioner, when the wife of the petitioner and his minor son were produced. This Court interacted with the minor boy as well as the petitioner and his wife. The petitioner, having heard unwillingness of his wife to join him, made a request that atleast the custody of the minor boy has to be handed over to the petitioner since the education of the minor boy likely to be spoiled if he is allowed to stay with his mother. However, the minor boy, on interaction reveals that though he has no grudge over his father, he is comfortably living with his mother. She is gainfully employed in a spinning mill in Kappalur and put him in a school namely, PKN School at Thirumangalam in 6th standard and he is comfortably pursuing his studies. Thus, it is clear that the wife of the petitioner is not inclined to join with him and she has left the home on her own for the reasons best known to her.

5. As far as the interest of the minor boy is concerned, it is found that he has been put in a proper school to pursue his studies and expenses is met out by the mother, who is employed at a spinning mill at Kappalur. Therefore, this Court finds that there is no need to interfere in this matter by exercising its power under Article 226 of the Constitution of India by entertaining this Habeas Corpus Petition. Accordingly, this Habeas Corpus Petition is dismissed. However, it is open to the petitioner herein to work out his remedy regarding the custody of the minor son as per law before the appropriate forum.

[G.J.,J.] & [S.M.,J.]

14.12.2022 Index: Yes/No Internet:Yes/No PJL To

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN, J.

PJL H.C.P.(MD)No.2058 of 2022

14.12.2022