Madras High Court
V.Ganesh vs The Superintendent Of Police on 25 January, 2021
H.C.P.(MD) No.103 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
H.C.P.(MD) No.103 of 2021
V.Ganesh ... Petitioner
-vs-
1.The Superintendent of Police,
Tiruchirappalli District.
2.The Deputy Superintendent of Police,
Manaparai,
Tiruchirappalli District.
3.The Inspector of Police,
All Women Police Station,
Manaparai,
Tiruchirappalli District.
4.Ananthalakshmi ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
writ of habeas corpus directing the respondents 1 to 3 to produce the body of the
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H.C.P.(MD) No.103 of 2021
petitioner's daughter namely, Vedhavarshini aged about 12 years, daugher of
V.Ganesh before this Court and handover the custody of the detenue to the
petitioner.
For Petitioner : Mr.V.Sasikumar
For Respondents : Mr.R.Anandharaj
Additional Public Prosecutor (for R1 to R3)
ORDER
[Order of the Court was made by K.KALYANASUNDARAM, J.]
The habeas corpus petition has been filed seeking a direction to the
respondents to produce the petitioner's daughter namely, Vedhavarshini, aged
about 12 years before this Court and hand over her custody to the petitioner.
2.It is the case of the petitioner that he married one Sinduja, the daughter of
the fourth respondent. on 11.02.2008 as per Hindu Rites Religious Customs.
During their wedlock, they are blessed with one female child, the detenue herein
on 15.11.2008. It is the further case of the petitioner that on 04.10.2010, his wife
committed suicide, for which, a case was registered against him under Section
306 and 498 IPC and he was tried before the Mahila Court, Chengalpattu in
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H.C.P.(MD) No.103 of 2021
S.C.No.260 of 2011, but he was acquitted from all the charges vide Judgment
dated 04.09.2014.
3.The petitioner would further state that the fourth respondent filed
G.W.O.P.No.6/2013 before the III Additional District Judge, Tiruchirappalli
seeking permission to appoint her as guardian for the detenue and the said
petition was allowed on 20.04.2013. Now, he has filed GWOP No.159/2019
before the Principal District Judge, Tiruchirappalli to appoint him as a guardian.
In I.A.No.1 of 2019, he was granted permission of visiting rights by order dated
22.12.2020. He further state that as per the order, he went the house of the fourth
respondent on 10.01.2021 and 17.01.2021 along with his counsel, but they found
door was locked. Hence, he come forward with this habeas corpus petition.
4.The learned counsel for the petitioner Mr.V.Sasikumar would argue that
when the detenue was 4-1/2 years old, the fourth respondent filed GWOP No.6 of
2013 and it was allowed. Now, she is 12 years old, and hence, the petitioner is
entitled for her custody. Further, the order of the Court is not obeyed by the
fourth respondent.
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H.C.P.(MD) No.103 of 2021
5.The learned Additional Public Prosecutor Mr.R.Anandharaj appearing on
behalf of the respondents 1 to 3 would submit that the remedy for the petitioner is
before the competent civil Court and a habeas corpus petition is maintainable
only in extraordinary circumstances, but the petitioner has not shown any
extraordinary circumstances to entertain the habeas corpus petition.
6.We find force in the submission of the learned Additional Public
Prosecutor. In the instant case, it is not disputed that the custody of the minor
child was given to the fourth respondent by an order of the competent civil Court
in GWOP No.6/2013. If the petitioner is entitled to seek custody of the child, it is
for him to approach the civil Court and the alleged non compliance of the order of
the civil Court in Interlocutory Application would not entitle the petitioner to
maintain this habeas corpus petition.
7.In that view, this habeas corpus petition is dismissed granting liberty to
the petitioner to work out his remedy before the civil Court.
[M.K.K.S.,J.] [G.I.,J.]
25.01.2021
Index : Yes / No
Internet : Yes / No
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H.C.P.(MD) No.103 of 2021
Note :
In view of the present lock down owing
to COVID-19 pandemic, a web copy of
the order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the correct
copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The Superintendent of Police,
Tiruchirappalli District.
2.The Deputy Superintendent of Police,
Manaparai,
Tiruchirappalli District.
3.The Inspector of Police,
All Women Police Station,
Manaparai,
Tiruchirappalli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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H.C.P.(MD) No.103 of 2021
K.KALYANASUNDARAM, J.
and
G.ILANGOVAN, J
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H.C.P.(MD) No.103 of 2021
25.01.2021
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