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MADURAI BENCH OF MADRAS HIGH COURT
SYED ALI FATHIMA – Appellant
Versus
THE SUPERINTENDENT OF POLICE – Respondent


ORDER

(Order of the Court was made by S.TAMILVANAN,J.)

Heard the learned counsel appearing for the petitioner, learned Additional Public Prosecutor appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

2.The Habeas Corpus petition has been filed under Article 226 of the Constitution of India, seeking an order to direct the respondents 1 and 2 to produce the petitioner's minor sons, Asghar Ahamed, son of Mohamed Ismail Galeel, aged about 10 years and Mujahid, son of Mohamed Ismail Galeel, aged about 4 years, before this Court and hand over their custody to the petitioner.

3.It is an admitted fact that the petitioner is the mother and the third respondent is the father of the alleged detenues herein.

4.The petitioner has stated in the accompanying affidavit that the marriage between herself and the third respondent had taken place nearly 10 years prior to the filing of the Habeas Corpus petition and out of the said wedlock, the minors, Asghar Ahamed and Mujahid, were born to them. Subsequently, due to some misunderstanding arose between the petitioner and the third respondent, the third respondent pronounced 'talaq' whereby, divorced the petitio

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