A habeas corpus petition is not maintainable where there is no illegal detention and the child is in mother's custody.

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]

The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his wife, namely, Malathi, aged about 32 years and son, namely, Kabish, aged about 2 years, produce them before this Court and set them at liberty.

2. The petitioner herein is the husband of the first detenue, namely, Malathi and father of the second detenu, namely, Kabish. The petitioner lodged a complaint before the respondent – Police alleging that his wife and child are found missing from 20.03.2026. On receipt of the said complaint, the respondent – Police registered a case in Crime No.143 of 2016.

3. Learned Additional Public Prosecutor appearing for the respondents 1 & 2, on instructions, submitted that the petitioner's wife has gone with the third respondent and she is living with him along with her children. In fact, on the earlier occasion, the petitioner's wife went along with the third respondent and on the petitioner's compulsion, she returned to the matrimonial home. Once again, she has gone along with the third respondent and now, she is living with him.

4. In view of the above submission of the learned Additional Public Prosecutor, this Court is of the view that the detenue is not in illegal detention of anybody. That apart, the minor son is with the custody of the mother and it does not amount to any illegal detention. Hence, this habeas corpus petition is not maintainable.