H.C.P.(MD) No.422 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 18.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

and

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

H.C.P.(MD) No.422 of 2021

K.Ramesh

... Petitioner/Husband of

Father of the Detenues

-vs-

1.The Superintendent of Police,

Thanjavur District,

Nagapattinam-Coimbatore-Gundlupet Highway,

Thanjavur-613 010.

2.The Inspector of Police,

Pattukottai Police Station,

Thanjavur District-614 602.

3.Ramya

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of

India, to issue a writ of habeas corpus, directing the respondents 1

& 2 to produce the body or person of petitioner's daughter namely

Rakshitha, aged 8 years and petitioner's son namely Sai Sanju, aged

3 years, who have been detained under the illegal custody of the 3^rd

respondent before this Court and hand over their custody to the

petitioner.

For Petitioner :

Mr.C.P.Hemkumar

For R1 & R2

:

Mr.K.Dinesh Babu

Additional Public Prosecutor

O R D E R

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

This habeas corpus petition has been filed seeking direction

to the respondents 1 & 2 to produce the petitioner's daughter namely

Rakshitha, aged 8 years and son namely, Sai Sanju, aged 3 years, who

have been detained under the illegal custody of the 3^rd respondent

before this Court and hand over their custody to the petitioner.

2. The petitioner would state that the marriage between him and

the third respondent was performed on 06.02.2012 and they are having

two children, who are the detenues herein. It is alleged that

because of the attitude of the third respondent, he and his parents

were not leading a compatible life. It is also stated that he was

employed in Dubai and there were frequent quarrels between them,

hence, he has filed a divorce petition in H.M.O.P.No.308 of 2019 and

the same is pending before the Family Court, Thanjavur.

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H.C.P.(MD) No.422 of 2021

3. When the divorce petition was pending, the third respondent

filed H.C.P.(MD)No.1094 of 2020 against the police officials and the

petitioner for custody of the minor children. When it was heard by

the earlier Bench, there were allegations and counter allegations

made between the petitioner and the third respondent and hence, the

habeas corpus petition was closed by observing that it would not be

appropriate to pass final order with regard to the custody of the

minor children in that case. However, a direction was issued to the

Family Court, Thanjavur to refer the HMOP., to the Mediation to

explore the possibility of settlement.

4. The learned counsel for the petitioner Mr.C.P.Hemkumar,

would state that as per the direction in the earlier H.C.P.(MD)

No.1094 of 2020, the matter was referred to Mediation, but it was

not settled. Subsequently, the third respondent along with her men

entered into the house of the petitioner and took away detenues by

force. Hence, a complaint was given to the second respondent and

the same is in CSR Stage. Since no action was taken by the official

respondents, the petiitoner has come up with this petition.

5. The learned counsel for the petitioner further submitted

that in the earlier habeas corpus petition, when the first detenue

was heard through Video Conferencing, she expressed her willingness

to stay with her father, the petitioner herein. Before the

Mediation also both children wanted to stay with their father.

Since the third respondent has kept the children illegally, the

petitioner is entitled for a direction sought for in this petition.

6. Heard the learned Additional Public Prosecutor appearing for

the State.

7. It appears that there exists a matrimonial dispute between

the petitioner and the third respondent and the petitioner has also

filed a case against the third responde