Madras High Court
G.Kumar vs The Commissioner Of Police on 6 January, 2021
HCP No. 2328 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH
and
The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No. 2328 of 2020
G.Kumar .. Petitioner
Vs.
1.The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery, Chennai - 600 007.
2.The Inspector of Police,
S6, Shankar Nagar Police Station,
Pammal, Chennai - 600 075.
3.G.Jayachandiran
4.Gopal
5.G.Jaya .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of Habeas Corpus directing the second
respondent herein to produce his minor granddaughter Jayavarshini,
aged about 7 years and grandson Krishanth, aged about 4 years, from
the illegal custody of respondents 3 to 5 and handover to the custody
of the petitioner.
Page 1 of 5
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HCP No. 2328 of 2020
For Petitioner : Mr.N.E.Athipan Raj
For Respondents : Mr.R.Prathap Kumar,
Addl. Public Prosecutor for R1 & R2
Mr.P.K.Ganesh for R3 to R5
ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
Seeking a direction to the second respondent herein to produce
the granddaughter Jayavarshini, aged about 7 years and grandson
Krishanth, aged about 4 years, from the illegal custody of respondents
3 to 5 and to handover their custody to the petitioner, the present
habeas corpus petition has been filed.
2.It is the case of the petitioner that his daughter Divya got
married Jayachandiran on 01.06.2012 and through the wedlock they
have two children, Jayavarshini, aged about 7 years and Krishanth,
aged about 4 years. Dhivya committed suicide on 20.09.2020 by
hanging, in connection with which, the police have registered a case in
Crime No.956 of 2020 for the offence under Section 306 IPC against
Jayachandiran and the investigation is pending. While that being so,
this habeas corpus petition has been filed by the petitioner for the
https://www.mhc.tn.gov.in/judis/
HCP No. 2328 of 2020
custody of the grandchildren on the ground that they were earlier
living with him and that it will be prejudicial to their interest if they
continue to remain with their father, who is the accused in Crime
No.956 of 2020. In support of this contention, learned counsel placed
reliance upon the judgments in (i)Tejaswini Gaud and Others Vs.
Shekhar Jagdish Prasad Tewari and Others ((2019) 7 SCC 42)
and (ii)Shaurya Gautam and Another Vs. State of U.P. and
Others (2020 SCC Online All 1372).
3.The fact remains that Jayachandiran is the father of two
children and at present, the custody of the children is with him. In
Tejaswini's case (cited supra), the Supreme Court handed over the
custody of the child from the aunt of the child to the father holding
that the father being the natural guardian would be entitled to custody.
However, the Supreme Court has stated that in matters of custody, the
paramount interest of the child should be taken into account by the
Court. In this case, the custody of the two children with Jayachandiran
cannot be stated to be illegal inasmuch as he is the father and natural
guardian.
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HCP No. 2328 of 2020
4.Hence this habeas corpus petition is closed with liberty to the
petitioner to work out the remedy in the manner known to law.
(P.N.P.,J.) (V.S.G.,J.)
06.01.2021
Index: Yes/No
mmi
To
1.The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery, Chennai - 600 007.
2.The Inspector of Police,
S6, Shankar Nagar Police Station,
Pammal, Chennai - 600 075.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
HCP No. 2328 of 2020
P.N.PRAKASH, J.
and
V.SIVAGNANAM, J.
mmi
H.C.P. No. 2328 of 2020
06.01.2021
https://www.mhc.tn.gov.in/judis/
