IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 24.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.453 of 2017 Rebecca Katherine.S .. Petitioner Vs
1. The Inspector of Police, K-9, Thiru-Vi-Ka Nagar Police Station, Thiru Vi Ka Nagar, Chennai
2. Dennis Peter Scurville .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus of any other writ of direction to direct the respondents to produce the body and person of the detenue minor Leah Katherine Scurville, aged 6 years, daughter of the petitioner before this Court, who is under the custody and confined secretly by the second respondent and set her at liberty.
For Petitioner : Ms.D. Revathi Karthik For respondents : Mr.V.M.R. Rajendran Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the mother of one Leah Katherine Scurville, aged 6 years. The second respondent is the husband of the petitioner. According to the petitioner, the child is now in the custody of the second respondent.
2. According to the petitioner, the second respondent has filed a petition in Crl.O.P.No.466 of 2016 under the Guardian's and Wards Act, before the I Additional Family Court, Chennai and the child is illegally detained by the second respondent.
3. In the affidavit, filed in support of the petition, in respect of a custody of the child, the petitioner has stated that an ex-parte order has been passed in favour of the second respondent. When that be so, in our considered view, the custody of the child with the second respondent, cannot be termed as an illegal detention. The remedy for the petitioner lies before the Civil Court. In such view of the matter, we find there is no illegal detention. Hence we are unable to grant any relief to the petitioner. The Habeas Corpus Petition is dismissed.
(S.N.J.,) (A.S.M.J.,) 24-03-2017 Speaking Order/non-speaking order Index : Yes/no Internet : Yes/no sr/jer To
1. The Inspector of Police, K-9, Thiru-Vi-Ka Nagar Police Station, Thiru Vi Ka Nagar, Chennai
2. The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.
And ANITA SUMANTH,J., sr/jer Order in H.C.P.No.453 of 2017
24-03-2017
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