High CourtsDivision Bench(2006) 06 MAD CK 0090

Baby Padmini vs The Sub-Inspector of Police, The Superintendent of Police and M. Asokan

Madras High Court · Decided on 23 June 2006

HON’BLE JUDGES
V. Dhanapalan, J · P. Sathasivam, J
RESULT
Dismissed
CASE NUMBER
Habeas Corpus Petition No. 541 of 2006

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Judgment

10 paragraphs · 194 words

P. Sathasivam, J.—The petitioner, by name, Baby Padmini has filed this petition seeking direction to the respondents to produce her son

Varunan before this Court and hand over his custody to her.

2.

Pursuant to the notice, third respondent is represented by a counsel. The learned Counsel appearing for the third respondent has produced a

copy of the order passed by the Second Additional Family Court at Chennai dated 31.12.2004 made in FCOP.No.178 of 2002. The said petition

was filed by the third respondent herein against his wife, petitioner herein for dissolution of marriage and for custody of the minor child Varunan u/s

13(1)(ia) and 26 of the Hindu Marriage Act. By order dated 31.12.2004, the Family Court while granting divorce, permitted the petitioner

therein/third respondent herein, viz., M. Asokan to have the custody of minor child Varunan, aged about 7 = years u/s 26 of the Hindu Marriage

Act. No doubt, learned Counsel for the petitioner in this petition submits that the said order was an ex parte order. In such circumstances, it is for

the petitioner to approach the concerned Court for further relief.

With the above observation, this petition is dismissed.