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Judgment
(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.)
This Habeus Corpus Petition has been filed to direct the respondents 1 and 2 to produce the body or person of the detenues namely Pragatheesawaran, S/o.Kamalakannan, aged about 10 years and Midhuna Sri, D/o.Kamalakannan, aged about 6 years before this Court and hand over them custody to the petitioner.
It is the case of the petitioner that she got married the third respondent on 18.06.2015 and out of the wedlock they were blessed with a male child aged about 12 years and a female child aged about 6 years. The further averment is that there used to be frequent quarrel between them and the third respondent used to continuously harass the petitioner. It is the further case that the third respondent has taken the children from the custody of the petitioner and they are now being kept in illegal custody by the third and fourth respondents. It is the further case of the petitioner that the fourth respondent used to harass the children and she has also split up the hot water on the children leading to burn injuries to the children.
When the matter is taken up for hearing on 29.07.2026, this Court had directed the respondent police to produce the children before this Court on 30.07.2026.
Pursuant to the direction issued by this Court, the second respondent police has produced the children before this Court. We enquired the children.
The learned counsel appearing for the respondents 3 and 4 would submit that it is true that the children were born to the petitioner and the third respondent out of the wedlock . He would further submit that due to matrimonial dispute between them they got separated and the children are with the third respondent for the past 1 1/2 years and they are studying in a school at Dindigul and since the third respondent being father, the custody of the children with the third respondent is not illegal.
During enquiry the children also submitted that due to matrimonial dispute the father and mother are living separately and they are living with the father for the past 1 1/2 years.
We find that the custody of the minor children with their father who is the third respondent is not illegal
In view of the same, the Habeus Corpus Petition stands closed. However the parties are liberty to approach the appropriate forum seeking custody of the children. It is made clear that the observation made in this petition will not have bearing in the proceedings before the appropriate forum.