The welfare of the child is the paramount consideration in custody matters, regardless of parental rights.

1. This Habeas Corpus Petition has been filed by the petitioner, seeking an order in the nature of writ of Habeas Corpus, directing the respondents 1 and 2 to produce the corpus of his minor son A. Kavin before this Court and set him at liberty.

2. The petitioner has averred in his affidavit that he got married with one B. Mohana Priya, D/o. Boopathy Chettiar, the third respondent herein on 03.06.2009 at Poonamalle, as per Hindu rites and customs and out of the wedlock, the male child, Kavin, the detenue herein was born on 08.06.2011. The petitioner has alleged that from the date of the marriage, his wife was not taking care of the child at any point of time and she used to go to her job early morning at 6.30 a.m., and return back to the house at around 6.30 p.m., in the evening. According to him, after returning from her job, she used to make phone calls to her friends and family members, after that she used to chat with her friends in the lap top and she was neither a dutiful wife of the petitioner nor a good daughter - in - law to his parents. The petitioner requested his wife to quit the job for the welfare of his son, but she refused to resign the job.

3. It is stated that the wife of the petitioner used to quarrel with him and his family members. Thereafter, on 10.03.2015, when the petitioner got up from the bed to go to bathroom at about 4.30 a.m, his wife was not in bed. The room light was on, so the petitioner entered the room and was shocked to notice that his wife had committed suicide by hanging in the ceiling fan. Immediately, the petitioner informed to the second respondent in person, however, the first respondent registered a case in Crime No.1204 of 2015 on 10.03.2015 for an alleged offence under S.306 IPC. We are of the view that raising the afore stated allegation against the mother of the minor child is unwarranted in the petition.

4. It is an admitted fact that the petitioner was arrested and remanded to the judicial custody on 10.03.2015. Subsequently, he was released on bail on 16.04.2015 by this Court. According to the petitioner, at the time of his arrest, his minor son, A.Kavin was forcibly taken by the third respondent with the help of the other respondents. The petitioner further stated that he has not seen his son and his whereabout was also not known to him. After his release on bail, the petitioner went to the house of the third respondent for seeking custody of his son, but the third respondent and his son attacked him and threatened him. Thereafter, the petitioner sent a legal notice on 16.06.2015 to the third respondent to hand over his son. However, wantonly, the third respondent evaded the legal notice and the postal cover was returned with an endorsement "unclaimed".

5. Thereafter, the petitioner preferred a complaint on 14.07.2015 to the second respondent, requesting to hand over his minor son to him. The second respondent, after receiving the complaint, instead of taking action against the complaint, pressured the petitioner not to press the complaint. After not pressing the complaint, the second respondent issued the C.S.R Receipt and gave CSR No.304 / R3/2015 on 15.07.2015. Hence, the petitioner has come forward with this Petition, seeking an order in the nature of Habeas Corpus for the relief as stated supra.

6. Per contra, the third respondent, in his counter affidavit has stated that ever since after the marriage with the petitioner, his daughter, mother of the minor child was facing dowry harassment from the petitioner and his family members and the petitioner continued his behaviour in an abnormal manner and a Doctor, diagnosed the petitioner after performing MRI scan observed that the petitione